http://www.familylawmadeeasy.com/blog/family-law-question/ Thu, 17 May 2012 16:15:51 +0000 http://wordpress.org/?v=2.7 hourly 1 http://www.familylawmadeeasy.com/blog/family-law-question/comment-page-1/#comment-2391 wendy c Sun, 02 Aug 2009 20:23:36 +0000 http://www.familylawmadeeasy.com/blog/family-law-question/#comment-2391 you could be totally correct regarding what you believe about the mom. Here is what I don't understand.. brother may or may not have any right to "give" you authority or custody of the child. There is no divorce that you mention, no court order that gives one or the other rights, or more important.. takes away their rights. By law.. both parents have the right to go to a court, and present THEIR side of a story, if they were disputing custody between them. Being a student and living with parents is not necessarily considered being a bad parent. SOME states allow grandparents to file for custody, but ONLY in certain situations.. normally involving one parent in jail/ dead, etc..and the other parent being proven unfit. I don't mean "better/ worse".. unfit as in physically abusing the child, etc. That is only grandparents.. and only in some situations. IF both parents make the choice of reconciling, and both agree to regain custody of the child.. I don't see a court allowing a 3rd person to file against them. As I said, you might be completely right in what you are saying, but this is usually a view that only the parents or a judge can make. I think that if mom went to court to demand her child be returned, you would have a very hard time in getting any judge to refuse her request. I am not a lawyer, but did some heavy research on 3rd party rights concerning my grandchildren (who were taken by the other grandparents). You might spend an hour with a lawyer.. but I suspect he'll tell you that you have no legal options if they want their child back. you could be totally correct regarding what you believe about the mom.
Here is what I don’t understand.. brother may or may not have any right to “give” you authority or custody of the child. There is no divorce that you mention, no court order that gives one or the other rights, or more important.. takes away their rights. By law.. both parents have the right to go to a court, and present THEIR side of a story, if they were disputing custody between them. Being a student and living with parents is not necessarily considered being a bad parent.
SOME states allow grandparents to file for custody, but ONLY in certain situations.. normally involving one parent in jail/ dead, etc..and the other parent being proven unfit. I don’t mean “better/ worse”.. unfit as in physically abusing the child, etc. That is only grandparents.. and only in some situations.
IF both parents make the choice of reconciling, and both agree to regain custody of the child.. I don’t see a court allowing a 3rd person to file against them. As I said, you might be completely right in what you are saying, but this is usually a view that only the parents or a judge can make. I think that if mom went to court to demand her child be returned, you would have a very hard time in getting any judge to refuse her request.
I am not a lawyer, but did some heavy research on 3rd party rights concerning my grandchildren (who were taken by the other grandparents). You might spend an hour with a lawyer.. but I suspect he’ll tell you that you have no legal options if they want their child back.

]]> http://www.familylawmadeeasy.com/blog/family-law-question/comment-page-1/#comment-2390 Beaver Steve Fri, 31 Jul 2009 04:02:49 +0000 http://www.familylawmadeeasy.com/blog/family-law-question/#comment-2390 Stay out of it , there is a lot worse that could happen , kids are tuff. Stay out of it , there is a lot worse that could happen , kids are tuff.

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