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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Family Law
Satisfied Customers: 17469
Experience:  B.A.; M.B.A.; J.D.
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Well basically, my brother in law was in the military, he

Customer Question

Well basically, my brother in law was in the military, he just was med boarded.
JA: Because laws vary from state to state, could you tell me what state is this in?
Customer: He was stationed in El Paso, married a young gal who already had a kid from a marine. HIs plan has been to come back to Michigan to finish school, when he got out, he went to Dallas to meet up with her and her son who he has been raising for the last year (she left two weeks prior). She would not come to Michigan with him, even though she had agreed all along. She is now seeing a lesbion, who is basically trying to be the dad to this unborn child. I have FB evidence. This he/she is a known drug addict according to my brother in laws, wifes, grandma...follow that???
JA: Because education law varies from place to place, can you tell me what state this is in? Have you talked to a lawyer yet?
Customer: This is in TX
JA: Anything else you think the lawyer should know?
Customer: Well my brother in law moved up there and is settling into his house and is starting school in the fall.
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Family Lawyer about your situation and then connect you two.
Customer: also, she is demanding that he sends her stuff back down (he paid for movers to move it up here) and to pay for things like her ultrasound.
Submitted: 5 months ago.
Category: Family Law
Expert:  Phillips Esq. replied 5 months ago.

I have carefully reviewed your post. However, I did not see a specific question.

What is your question?

Thank you for your cooperation,

Customer: replied 5 months ago.
what rights does he have as a father to get custody? Is it better to document and lawyer up now? is there any law that is better...like an annulment proving that she never had any intention to stay married just wanted to get pregnant for money and to be a lesbion.
Expert:  Phillips Esq. replied 5 months ago.

Thank you for the information.

what rights does he have as a father to get custody?

Response 1: He as the father would have equal rights to custody. However, if he needs to take custody away from the mother, he must file petition for sole custody and request that the Court grant him sole custody. In a custody case, the Court would make a decision based on what is in the best interests of the child by looking at the living arrangement of the parties to the custody dispute, their lifestyles, associations, parenting skills, education opportunity for the child, etc. If the Court finds after reviewing these factors that the child would be better off living with him, the Court would grant his request. Otherwise, no. He may however be granted joint custody and reasonable visitation. He would also be ordered to pay child support. So, it is very important that he tell the Court any and all reasons why his petition for sole custody should be granted and why custody should be taken away from the mother; any witnesses should be brought to the Court to testify. Remember that the Court can only make decision based on the evidence presented to the Court. For more information, click here.

Is it better to document and lawyer up now?

Response 2: Yes, it is better to do this now and prepare to go to Court as soon as the child is born and press his case for sole custody. You can use the following sites to find local Attorneys who handle divorce/custody issues:

Lawyers.com

Justia.com

Findlaw.com

is there any law that is better...like an annulment proving that she never had any intention to stay married just wanted to get pregnant for money and to be a lesbion.

Response 3: Divorce or annulment will not impact custody.

Kindly give a positive rating to my response so that I can receive credit for responding to your post. There is no additional cost to you for doing this.

Thank you for your cooperation.