Rights of a Father?
My Brother has marry for 2 time , but.
recently want to talk with her daughters , but he was complaining of the man of her ex. , can't talk normally
Because Now he ex wife has another man , which , he always want to hear what he is going to talk with his daughters.
He is paying child support.
But she is claim more money in order to see his daughters
Today 12/1 went to look for then , but no one came he wait couple hours , nobody came
Any guess , because he is kind of.... thinking what to do?
Another thing , recently also notice that her ex wife was leaving alone her daughters , because she has already a baby and that , she now can take care of them.
He is a Veteran, has good job
And I thinkl that if he goes to court he will win the case.
- Anonymous1 decade agoFavorite Answer
The first and foremost thing is to re read his court petition and custodial rights. legal custody, joint custody, physical custody or sole custody. Whichever the case it might be, as its stated in those court paper and as you had stated here, the other parent has a disability or illness deficiency making him/her unable to care for the child. However this has to pr oven without no reasonable doubt, and that she is contempt of court order, stopping the child father building a relationship with his daughter. There shouldn't any extra amount to be paid unless specified in the court order. The Best thing to do is pay the requested amount two or three times, make sure he keep the receipt, and file a petition in court to review his custodian rights. By doing this his ex will be in trouble and perhaps be order to repay back.
- mamabunnyLv 41 decade ago
#1, if your brother doesn't have an attorney he should get one!!!
#2, documentation is key!
I cannot stress this enough. If 12/1 was one of his visitation days or he was supposed to pick up the girls by order of the court and his ex did not surrender them over to him, then she is in contempt! He needs to write out exactly what happened along with the date. He should write down every single time this happens.
Also, if she is leaving the girls unsupervised he needs to know of specific instances and write those down. Also, he can make a call to Children's Protective Services and make a report. Those calls are taken very seriously and they will go to the home and investigate.
3) The ex wife cannot keep his children from him just because she wants more child support! If the court orders him to pay more that is one thing, but she is using his children as a way of extortion.
- pitbull1969Lv 51 decade ago
Tell you brother to write everything down. Times, dates and what happened. If the divorce decree states that he can see the kids, then she has to let him. Tell your brother to get an attorney. It may go to court and he has a pretty good chance of winning. Good luck and God Bless
- Linda SLv 61 decade ago
Yes he can win because she is in contemp of the court order to let him see his children.
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- ?Lv 71 decade ago
he should be able to get the courts to turn it around just have him to be a father and no drinking drugs or other women at this time.
- 1 decade ago
file a petition so that he will have the custody of the children.