mother will not return son...

[jo51967]

my sister in law has just asked my brother for a divorce. At the present time they had agreed that my sister in law will stay in nj with their 2 daughters and my brother will stay in their home in PA (their legal residence) with his son..who is ten..they had verbally agreed with visiting with each other on the weekends...Well now i found out that my sister in law had her parents(who also reside in PA) bring her son to her in nj..leading my brother to believe she would bring him back..now she has told my brother she is keeping her son in nj with her...what are my brothers options??my nephew has already told his dad that he wanted to stay with him..please help!!!

[Nifty_Swifty1]

Well he's going to have to get a legal separation and sue for custody. I'm not real familiar with these things, but that's what one of my friends ended up having to do. Have him talk to a lawyer is the best advice I can give.

[avman]

Unfortunately, until custody is determined she has just as much right to have him as your brother does.

 

Your brother will have to sue in family court for custody. Even if he doesn't get custody he will get visitation rights. Nifty_Swifty is right, he will need a lawyer. And find a good one, its going to be a long battle.

[hpineda1993]

From previous experience here in Florida, my ex-husband took my children and filed for divorce. I was told by an attorney here that whether the children were with him or not, court's look at the best interest of the child. If one is not going for a divorce, but instead a legal separation, still custody, visitations and child support (until the two decide if divorce is the final option) need to be handled if the two parents cannot come to an amicable decision.

Does the mother let the father see the children? Maybe the mother is thinking about filing papers without telling the father, who knows.

The father should definitely seek the advice of an attorney (usually the first consultation is free). Verbal agreements are listened to by the court and although one doesn't want to put their children in the middle, if the ten year old son knows of this agreement, his input may be valuable to the court.

The father should file for a legal separation, custody, visitation and child support; he should always mention his best interest for the children as well as that he wants their mother to be a part of their lives, mention the children education, emotional well-being, etc., it shows that the father is a concerned father who loves his children and does not shut out their mother.

The mother is not always the first option for the court anymore, courts also look at the parent who has the childrens best interest at heart, is concerned about assuring their relationship with the other parent and one who of course loves their children. Also a benefit is that the children did reside in PA until the mother took them to NJ, away from the stable home living, which is vital, especially at the son's age (do not know the daughter's ages).

This would be a state to state process, the best bet is that the father see an attorney in the state where he lives IMMEDIATELY before the mother starts any process. This may keep all proceedings in PA, much easier for the father.

My current husband had a state to state battle from FL to CA, and we had to go to CA constantly; trust me, you want to keep all legal matters in PA if at all possible.

Good Luck and God Bless your brother, nephew and family.

Helen