Family Visitation

[akabrien]

What is the name of your state?Minnesota

My brother has a 9 year old daughter and was never married to the mother. Over this past year, he's had some problems with his mental state, mainly depression. The mother is no longer allowing him to see their daughter because of this. She is also keeping her away from the rest of the family as well. She has disconnected her phone twice and will not allow any of us to see her. Is this really in the best interest of the child since all of us have been a big part of her life over the last nine years? How much can immediate family do to establish visitation again, and what is the process? I do not believe custody has ever legally been determined, and I have found several forms on this website, which can be filed.

http://www.courts.state.mn.us/ctforms/Custody_index.asp

Is there a way to find out if she has an attorney or has filed anything? This whole situation has been very difficult for my brother, and he will not talk about it. He did tell me that there was a social worker helping them nine years ago, but that's about all I could get out of him. We are his family and are trying to help. If any of you have advice, please let me know.

I appreciate any assistance or guidance with this matter.
Thank you

 

[BelizeBreeze]

Immediate family has no legal rights to visitation.

And without a court order, neither does your brother.

 

[BL]

You can help him get over his State of Depression , buy encouraging therapy and medication. You can also help him out by paying for a consult with an attorney, if he is willing to .

If he is unwilling at this point to take legal action , you would have to wait until he improves and is willing to take legal action .

Is his depression due to not having visits with his child ?

If so help him out , to get a Lawyer . Weather it be free legal help . a Pro Bono Attorney, or an attorney that charges on a sliding scale fee depending on income.


If nothing else , pay for a consult with a Family Law Attorney .

 

[Tesha30]

He has a good chance

Actually before he attempts court, he has to prove paternity. If he is mentioned on the birth certificate then it will save him some time. If he is not, he will have to prove he is the biological father first.

Then he can take her to court and attempt to get an order to get visitation. As long as he poses no threat to himself, others or his daugher and has a doctor who will give written notification he has a good chance. It might just be supervised visitation and that can consist of him taking his daugher only to his parents house for the day but it will be something until he can establish himself as being in an ok state of mental health. Another question is if he is still working and supporting his daugher. If he is able to maintain a job, he can show he is not completely incompitent. If he continues to support her with a child support check then it shows he is still willing to support the child. I suggest you start with proving paternity first. Judge wont let you fight for a child that there is no proof she is yours, especially if they were not married.

 

[akabrien]

Thanks for the advice!

Yes, my brother is receiving help for his condition. We are all trying to help as much as possible. He also can prove paternity. I will look into getting some legal help.
Thanks!

 

[backontrack]

If he is listed as the father on the birth certificate, that is a positive, if not, establish paternity a.s.a.p. Once this is done, immediate family should be able to get some type of visitation. Take a look at these statutes: Minn. Stat. Sec. 257.022 (1992 & Supp. 1993); N.M. Stat. Ann. Sec. 40-9-2 (1994); 23 Pa. Cons. Stat. Arm. Sec. 5311-5314 (Purdon 1991); Wyo. Stat. Sec. 20-7-101 (1994).
Good Luck