ExpertLaw.com Forums

Brother's Ex Wants to Take Away Visitation Rights

Printable View

  • 09-06-2010, 08:45 AM
    concerned sister22
    Brother's Ex Wants to Take Away Visitation Rights
    My question involves a child custody case from the State of: WI

    My brother's ex girlfriend has recently informed us that she will be taking him to court and that he will never be able to see his son, who will not be born until January. I know that it is unlikely that she will be able to cut him out of the babies life completley considering she will not let him off the hook as far as child support is concerned, but could there be something I am overlooking? He does not do drugs, has a steady job, and does okay financially is there any reason she could take away all of his rights to this child?
  • 09-06-2010, 08:53 AM
    aardvarc
    Re: Brother's Ex Wants to Take Away Visitation Rights
    SHE can't do anything. If he chooses to establish paternity, or she or the state bring paternity to the table due to seeking child support, then it'll all be up to a judge. When she chose to sleep with him, that action tells the court that she has already dubbed him to be father material - and she'll have to provide some substantial proof to the court that he's NOT before the court will over-ride HER decision to make him a father,
  • 09-07-2010, 07:49 PM
    Xena
    Re: Brother's Ex Wants to Take Away Visitation Rights
    Quote:

    Quoting concerned sister22
    View Post
    My question involves a child custody case from the State of: WI

    My brother's ex girlfriend has recently informed us that she will be taking him to court and that he will never be able to see his son, who will not be born until January. I know that it is unlikely that she will be able to cut him out of the babies life completley considering she will not let him off the hook as far as child support is concerned, but could there be something I am overlooking? He does not do drugs, has a steady job, and does okay financially is there any reason she could take away all of his rights to this child?

    Absent any huge problems, she won't be able to keep him out of his child's life.

    Until the baby is actually born, there's nothing your brother can do from a legal standpoint. However, there are some steps he can take before the baby is born:

    1. He should get a consult with a local attorney.

    2. He should locate a CS calculator to figure out what the CS amount might be. Then, he needs to go ahead and start setting money aside so that when he is ordered to pay CS he will be able to pay any retro support that is ordered. http://www.alllaw.com/calculators/Ch...ort/Wisconsin/

    3. As soon as the baby is born, he shouldn't wait on the Mother to file, he should go ahead and file to establish paternity, custody, visitation and CS.
    If the Mother files before he does, he'll need to make sure that he counter-files for custody and visitation, because that does not automatically get ordered in a paternity/CS only case.
All times are GMT -7. The time now is 12:34 PM.
Powered by vBulletin® Version 4.2.4
Copyright © 2023 vBulletin Solutions, Inc. All rights reserved.
Copyright © 2004 - 2018 ExpertLaw.com, All Rights Reserved