Thursday, August 19, 2010

I desperately need legal advice for my sis?

My sister is living with her ex-boyfriend. They lost a child about 2 years ago, and broke up. Then they got back together. He joined the National Guard and was away for a really long time at boot camp. He had to stay longer because he got an article 15 for leaving his loaded gun with his buddy while he was in the sick ward. Anyway, when he came back for Christmas he completely ignored my sister. So when he left again for more training, she got lonely. She got drunk and cheated on him one time. She totally was not in her right mind, but it happened. When her boyfriend came back, she didn't tell him because, of course, she was ashamed. So a few months went by and they started to plan their wedding and in the process my sister got pregnant. It was two weeks until their wedding and her boyfriend found out about the time she cheated on him. He called off the wedding and broke up with her but he still wanted her to live with him to help take care of his dad and because she was pregnant. She admitted her wrong and apologized, but still to this day he tells her she doesn't take responsibility for her own actions and that these are the consequences she has to live with. He says they will never have a chance at a relationship again. But to make a really long story short, she's still in love with him, but he's not with her, he just doesn't want anything to happen to their baby when she's born because he still blames my sister for that. So he knows that he can manipulate her into staying even though he makes her miserable and it's like torture for her every day. But whenever she gets up the guts and says she is going to leave, he says that when the baby is born, he will get custody, hands down. I want to be able to reassure my sister that she won't have to give up her baby to him when she's born, but I can't do that unless I get real legal advice on it. So, now that you know the details, how can she be sure that she will be able to keep her baby?I desperately need legal advice for my sis?
When a child is born to unwed parents the mother automaticly has custody. In order for him to take custody of the child he HAS to prove her unfit which is very hard to do. She has to be on drugs with no housing for the child no job and the child has to be severly abused. Even if all of the above applied to her it has to go through investgation through the state and the state would try to help her in any way they can before just taking her child. The state would rather see a child with its mother than with a father its sad in some cases but its the truth. I went through this with my step daughter. For a father to get custody is like pulling teeth. So tell your sister not to worry, no one will take her childI desperately need legal advice for my sis?
After the baby is born, he would have to take her to court to prove that she is unfit to have custody. He would need a lot of proof. At best, I can see him just getting joint custody. But of course, there is more than one side to every story! This is something the court system would have to decide.
Your sister isn't any better than him. Loneliness and, whatever other stupid reasons she can come up with, to try to justify the affair, don't wash!!!! At the same time, his lack of forgiveness, for her bad behavior could be scrutinized. Then again, the biological piss-ant answer of the mother automatically getting custody, while true, legally, it is an automatic justification for her cheating on him!!!!





It is not HER child!!!! It is not HIS child!!!!!! It is THEIR child!!!!!
First of all, he is not legally recognized as the child's father until his name is on the birth certificate.





If she has doubts about who fathered her child, she needs to go to court and file for a paternity test after the child is born to determine if he is the father or not.





If he is the father, then she needs to decide if she is going to continue living with him or not.If not, she can file for child support.





Unless she is proven to be unfit. there is no way he will get full custody of the child.Only joint custody.





Regardless, your sis needs to gain some maturity and learn how to think for herself so she can properly care for her child.

No comments:

Post a Comment