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rp1981 · Jul 8, 2012, 08:52 PM

My brother has an 11 year old son that he had with his first wife. When he was about 3, and my brother was married to his second wife, my brother gave up his rights to his son. This happened because the second wife spanked my nephew and my nephews mom turned them into CPS. My brother only had weekend visits at the time. CPS told him if he admitted to what happened, he wouldn't lose his rights and only his second wife would be in trouble. So my brother has since long been divorced from second wife and is able to see his son based on my nephews mom's rules. My nephew's mom now has 2 more children from 2 different men. The father of her third child adopted the second child but not my nephew because my brother is still paying child support and being there for his son anyway he can. So, father of child 2 and 3 filed a complaint with CPS about my nephews mom. I have heard some awful things about her from my nephew. My brother is wanting to know what he can do to regain his rights legally, so if things don't go her way with CPS, he can get his son. He is afraid of what will happen to his son since he doesn't legally have the right to see him. My brother is an amazing father, owns his own business, is now married to an even more amazing woman. They have careers, a stable home and it makes me sick that my nephew is living with the horrible conditions with his mother when he would be much better off with my brother. We live in Washington State too, so we have fears because it seems to be that in this state, the law usually sides with the mother. Help us please. What can he do to regain his rights?

ScottGem · Jul 9, 2012, 03:47 AM

The first questions is why do you think he lost his rights? You said; "CPS told him if he admitted to what happened, he wouldn't lose his rights". Also since he has visitation then he didn't lose his rights. It is highly unlikely that his rights were terminated. He needs to get the facts straight here.

I think what you really want to know is if he can get primary custody of his son. So what he needs to do is contact CPS, find out the status of the complaint from the other father and let CPS know he wants to get primary custody. I would strongly suggest getting an attorney since you both don't seem to understand what is really going on here.