[purplebuds]

I have a brother who had been married for 13 years. Then his wife left them for other man. She left my brother and the children 13,12, and 5years old. Nine months later, she seeks her right to see her children. Does she really have the right to do so? And one more thing, when they were married, they were 18 years old and they changed their age to 25. Now the wife is claiming that their marriage is void, but for 13 years they lived as husband and wife. Is it really null and void? If it is, how about the children? Does my brother have the right to the children? Thank you very much

[macksmom]

Well first off, yes the mother has right to her children.

Secondly, why would they have lied when they got married and stated they were 25... they were 18, so they could have legally gotten married anyway... and how did the age change slip by? They would have had to shown drivers license's etc.?

[twinkiedooter]

They are legally married regardless if they lied about their ages or even their right names. If mom wants to see her children she has the right. Have dad get an attorney to step in and figure out some kind of visitation schedule while he files for a divorce if he's not taking her back. He should ask for sole custody at that time as well.

[Fr_Chuck]

Yes, no matter why she left, or what has happened, she can sue in court and get court ordered visit rights.

As for as being void, if they were really 18, the marriage will most likely be considered valid, but she can sue in court for a judge to decide.

As soon as she left, he should have filed for divorce and sole custody of the children, but she will get visit rights unless she is a danger to the kids.