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    jenniflower729's Avatar
    jenniflower729 Posts: 1, Reputation: 1
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    #1

    Nov 2, 2011, 05:50 PM
    My brother was served with abandonment
    A quick history:
    My brother has been to prison and is currently out and doing well. He is married to a crazy woman who apparently will not give him a divorce and will not allow him to see his son without her there. After they married while she was pregnant with my nephew, they stayed together for about 2 years and they couldn't get along so my brother left and moved to be closer to my family. During that time he ended up going back to prison and while he was there, she filed abandonment papers on him. She said that they had been split up since my nephew was born (which is untrue) and she was entitled to $3000.00 in back child support. She also asked for supervised visitation. They've been fighting ever since.

    My question is:
    Are they divorced? Or does he still need to file? Is there a time frame for the supervised visitation issue, or is it for the rest of my nephews life?

    My brother only wants to see his son. He doesn't want to take him. We are just trying to find out what our rights are.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Nov 2, 2011, 06:21 PM
    We have no idea if he is divorced, only he or his wife will know that, if he files for divorce and his wife answers that she did it when he was in prison, then he knows he is.

    Does she have a child support order from the court ? Is there a child custody order.

    He needs an attorney, and they will research in court as to what has been filed, when and how. Then he will know where to start
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #3

    Nov 2, 2011, 07:17 PM
    You said she "filed" for abandonment and "asked" for supervised visitation. You don't say what the court has granted.

    She can ask for anything she wants, the court will decide what's best.

    If she does get supervised visitation ot will only be until he can prove he's not a danger to the child.

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