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nicolemarie561 · Oct 8, 2009, 01:03 PM

I really need some help here. My whole family lives in Indiana. My brothers grilfriend had arrested for domestic battery. The prosecuters office said the case will probably be dropped due to no evidence. While waiting for whatever is suppost to happen to happen. SHe left with their 2 year old daughter. We have all been told that he has no rights over the child because they are not married and the rest of our family has no rights in the state of Indiana. She does not take care of the baby. She admits that she does not want her. She leaves her where ever she can so she can go out partying and drinking with her friends. She has been put in the hospital for drinking too much and freaking out, stripping naked and making the medics knowck down the door to get her. They find her naked and scratched up and telling them that my brother did it to her when he was already excorted from the property with the baby by an officer. Well after all that she left to Missouri with the baby. We need to know what we can do to help my brother get his daughter back. He had really been the only hands on parent since she was born. CAN SOMEONE PLEASE GIVE ME SOME ADVICE?? OR TELL ME IF THERE IS ANYTHING THAT CAN BE Don't ABOUT THIS ANYWHERE?

cdad · Oct 8, 2009, 02:25 PM

Originally Posted by nicolemarie561

I really need some help here. My whole family lives in Indiana. My brothers grilfriend had arrested for domestic battery. The prosecuters office said the case will probably be dropped due to no evidence. While waiting for whatever is suppost to happen to happen. SHe left with their 2 year old daughter. We have all been told that he has no rights over the child because they are not married and the rest of our family has no rights in the state of Indiana. She does not take care of the baby. She admits that she does not want her. She leaves her where ever she can so she can go out partying and drinking with her friends. She has been put in the hospital for drinking to much and freaking out, stripping naked and making the medics knowck down the door to get her. They find her naked and scratched up and telling them that my brother did it to her when he was already excorted from the property with the baby by an officer. Well after all that she left to Missouri with the baby. We need to know what we can do to help my brother get his daughter back. He had really been the only hands on parent since she was born. CAN SOMEONE PLEASE GIVE ME SOME ADVICE???? OR TELL ME IF THERE IS ANYTHING THAT CAN BE DONT ABOUT THIS ANYWHERE?

First off you don't need to shout. That's what typing all caps is doing.

How long ago did she leave with the child ? What state and how long were they living in that state ? Your brother may have no rights until he goes to court for them. That's what he needs to do and from the sounds of it it is an emergency situation for custody. He will need evidence of everything he is going to claim. Then go to the courthouse and file a ex parte motion for custody and have himself declared to be the legal father. Most likely by court ordered DNA.

The reason for asking for a timeline is to determine where to file for custody.

nicolemarie561 · Oct 8, 2009, 04:44 PM

I was only trying to point out my questions since I went on and on. She has been gone for about 2 weeks. She went to Missouri and that is where the baby was born. They were living in Indiana for maybe 6 months.. Im not really sure. I really appreciate you help even after affending you with caps.

cdad · Oct 8, 2009, 05:10 PM

Originally Posted by nicolemarie561

I was only trying to point out my questions since I went on and on. She has been gone for about 2 weeks. She went to Missouri and that is where the baby was born. They were living in Indiana for maybe 6 months.. Im not really sure. I really appreciate you help even after affending you with caps.

Ok with the info you hve given its still going to be hard to be specific but Ill try. If the baby has been in Missouri less then 6 months or if the father has lived in Indiana longer then 6 months ( state minimum requirement ) then he can file where he is for his rights and for custody / visitation . Mostly it depends on state requirements for residency. Those are individual to the state. He can bring an emergency order before the court citing the circumstances and why but he will have to bring proof with him such as police reports and if possible witnesses etc. The ball is in his court. He needs to move quickly on this or he may lose the opportunity for exparte and then it will or may take months to sort out.

Should she go into hiding that would be parental kidnapping. He should use a lawyer or legal aid of some kind to help push this through.