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-Could you explain your situation a little more?Are there any court orders regarding the child as to custody or child support?
Has your brother established legal paternity?
How old is the child?
There are no court orders yet, my brother is afraid that if he takes the child away that a court will automatically determine that the child should be in her custody but she doesn't pay rent and doesn't pay the bills or the needs of the family.
I cannot say if he has or has not. I am almost positive that he signed the paternity paper after he was born. But I am trying to get him to take a real paternity test.
Dear JACUSTOMER - I'm not certain how old the child is but each parent has a legal right to the child so if your brother has established legal paternity then he has an equal right to his child. If there are no court orders then he can take the child as can the mother. So the important thing is that he make certain he is the legal father and then he can file for custody and/or visitation rights in the family court. Nothing is "automatice" with respect to custody and the court will award custody based on the best interests of the child. Whoever is the non custodial parent will be responsible for paying child support.
Until there are court orders in place there is nothing for either parent to enforce. He has no obligation to continue to live with the mother as it is irrelevant as to the determination of custody or visitation rights.