Help for Brother in-law.............

[mwebb]

What is the name of your state? Michigan

I am asking this for my brother in-law. He has a child by his former partner, in which they were never married. When the child was born the mother did not list my brother in-law as the father, which there is no doubt that he is the father. They have been living as family for 12 years. The mother (who happens to be a paroled convicted felon) has now left. What steps should he take to insure his parental rights and to seek custody? Can this be done without expensive test or lawyer's fees?

 

[BelizeBreeze]

What is the name of your state? Michigan

I am asking this for my brother in-law. He has a child by his former partner, in which they were never married. When the child was born the mother did not list my brother in-law as the father, which there is no doubt that he is the father. They have been living as family for 12 years. The mother (who happens to be a paroled convicted felon) has now left. What steps should he take to insure his parental rights and to seek custody? Can this be done without expensive test or lawyer's fees?

He is NOT legally the father and currently has no rights.

He needs to file an emergency petition for custody which will require that he prove paternity. Once paternity is proven THEN and ONLY THEN can he continue with his custody petition.

By the way, the fact that mom is a convicted felon has ABSOLUTELY no bearing on her rights to custody.