Child Custody Rights for Fathers Asked by Mother's Sister

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08-22-2013, 11:10 PM
sdyeh

Child Custody Rights for Fathers Asked by Mother's Sister

My question involves a child custody case from the State of: NY
I am the sister of the mother who has filed for full custody several weeks after my brother in law filed for joint custody. My sister has become very spiteful to her husband, my brother in law. They have been seperated for over 4 years. My sister just recently about 2 months ago moved in with her boyfriend of 4 years. For the 4 years they have been seperated my sister had my niece every week and her father would pick her up on Fridays and drop her off at school on Mondays. He has always been a dedicated and loving father as well as a wonderful uncle to my son and my nephew. For the 4 years my brother in law was always giving my sister child support of $1000 per month without the courts involvement. My sister wanted to move in with her boyfriend and told my brother in law she was moving in with her boyfriend because my nephew was touching my niece inappropriately, which was completely false. She later tried to tell me she never said it but I heard her on the speakerphone telling him those things. Growing up she has always lied, no matter what it was about. She has now filed for full custody claiming my brother in law is an alcoholic and drug user and even went as far as calling ACS. They interviewed him and spoke with my other sister but nothing has happened. My brother in law is a hard worker and makes good money. She has kept my niece not only from her father but from me, my other sister, my mother and my son and nephew because we wouldnt take her side. It has been over a month and we just missed her birthday because my sister won't let any of us see or speak to her. We went in for the first appearance for the child custody case but my sister asked for a lawyer and now the case has been adjourned until Oct. My sister has no proof my brother in law is a drunk because he doesnt drink or take drugs. There are no police reports of any kind. Can my sister win full custody from her false allegations? What can we do to help his case? What are his options?

Thank you
08-22-2013, 11:26 PM
Dogmatique

Re: Child Custody Rights for Fathers Asked by Mother's Sister

First things first - you and the relatives have absolutely no rights to see the child.

Yes, Mom can get custody. Will she? We can't guess.

The best help you can get for Dad is an attorney.
08-23-2013, 07:33 AM
Antigone

Re: Child Custody Rights for Fathers Asked by Mother's Sister

Quote:

Quoting sdyeh

My question involves a child custody case from the State of: NY
I am the sister of the mother who has filed for full custody several weeks after my brother in law filed for joint custody. My sister has become very spiteful to her husband, my brother in law. They have been seperated for over 4 years. My sister just recently about 2 months ago moved in with her boyfriend of 4 years. For the 4 years they have been seperated my sister had my niece every week and her father would pick her up on Fridays and drop her off at school on Mondays. He has always been a dedicated and loving father as well as a wonderful uncle to my son and my nephew. For the 4 years my brother in law was always giving my sister child support of $1000 per month without the courts involvement. My sister wanted to move in with her boyfriend and told my brother in law she was moving in with her boyfriend because my nephew was touching my niece inappropriately, which was completely false. She later tried to tell me she never said it but I heard her on the speakerphone telling him those things. Growing up she has always lied, no matter what it was about. She has now filed for full custody claiming my brother in law is an alcoholic and drug user and even went as far as calling ACS. They interviewed him and spoke with my other sister but nothing has happened. My brother in law is a hard worker and makes good money. She has kept my niece not only from her father but from me, my other sister, my mother and my son and nephew because we wouldnt take her side. It has been over a month and we just missed her birthday because my sister won't let any of us see or speak to her. We went in for the first appearance for the child custody case but my sister asked for a lawyer and now the case has been adjourned until Oct. My sister has no proof my brother in law is a drunk because he doesnt drink or take drugs. There are no police reports of any kind. Can my sister win full custody from her false allegations? What can we do to help his case? What are his options?

Thank you

The only suggestion I have for you is to advise your BIL to get an attorney. I understand you love your niece but you have no standing to ask for any type of visitation.
08-23-2013, 07:51 AM
sdyeh

Re: Child Custody Rights for Fathers Asked by Mother's Sister

Thank you for the response. The court sis tell my mother she can file a petition for visitation. We want to see what will come of the case. I have already told him to get a lawyer. I know my sister has no case. Im wanted to see if anyone knew off hand if a mother can make false allegations without any proof. My sister said we may all have to testify since we wrote notirized letters on my BIL's behalf which we are ready to do. I hope in the end justice will prevail and my niece doesnt get hurt by what my sister is doing. My niece tries to contact us without my sister knowing but it is difficult for her and we dont want her to get into trouble. Thanks again for your input!
08-23-2013, 07:55 AM
Antigone

Re: Child Custody Rights for Fathers Asked by Mother's Sister

Quote:

Quoting sdyeh

Thank you for the response. The court sis tell my mother she can file a petition for visitation. We want to see what will come of the case. I have already told him to get a lawyer. I know my sister has no case. Im wanted to see if anyone knew off hand if a mother can make false allegations without any proof. My sister said we may all have to testify since we wrote notirized letters on my BIL's behalf which we are ready to do. I hope in the end justice will prevail and my niece doesnt get hurt by what my sister is doing. My niece tries to contact us without my sister knowing but it is difficult for her and we dont want her to get into trouble. Thanks again for your input!

Do not put the child in the middle of this mess by contacting her directly. And if your niece contacts you against her mother's will. I suggest you let her know that you'll talk when Dad gets his parenting time.