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AttySince1978, Lawyer
Category: Family Law
Satisfied Customers: 931
Experience:  Family Law for over 20 years, which included acting as settlement Judge in the Family Law Courts.
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My Brother has had a time with getting custody of three children

Resolved Question:

My Brother has had a time with getting custody of three children (2 girls, 1 boy) in Kentucky. He lives in North Carolina and has paid child support for these children. The parental rights of the mother who lived in Kentucky has been terminated. However, he was not notified until approx. a year or so after. He then contacted the Child Services (2 years ago) to inquire about his rights and was then charged with child molestation of one of the older other child (female) of the mother. He went to trial and was found innocent. I have also called Child Services to inquire of these children and have had my home here in New Jersey approved. A months ago he recieved a letter from the Kentucky child services saying that his parental rights for the boy will be terminated, he went to court in Kentucky and was again accused of molesting his son. (this was unfounded). There is so much info that I have it is not possible to provide here. His father's rights are being denied. We need help.
Submitted: 8 years ago.
Category: Family Law
Expert:  AttySince1978 replied 8 years ago.
All of the accusations made against your brother are unfounded. If that is the case than he should be allowed some type of visitation rights.
Your brother should start with supervised visitation. After a short period he can than ask for unsupervised visitation. Than after a few months he can ask for overnight visitation.
He should file a petition in the family courts and ask for visitation rights to his children. He can work out some type of schedule with the Courts. They cannot terminate his parental rights unless he fails to show up at the termination hearing. It is almost impossible to terminate parental rights of a parent who objects to the termination petition and attends all the hearings.

Please accept this answer so that I can be paid $22.50 for my services. You can also ask a followup question if you need clarification on my answer. Thank you.
Customer: replied 8 years ago.
he has asked for visitation and they have him going though parenting classes and other certifications before this can happen. The process that they are putting him though could take as long as eight months and he was told by Kentucky that even after there is no guarantee that he would get visitation or custody. It seens that they are giving him the run around.
Expert:  AttySince1978 replied 8 years ago.
I don't think it is the runaround. They have some serious concerns about him. Attending parenting classes definitely is a step in the right direction. He should also ask what else he can do to speed up the process and which would also be a sign that he is serious about
raising his children and participating in their lives.
AttySince1978 and 3 other Family Law Specialists are ready to help you
Customer: replied 8 years ago.
There has not been any reason for concerns. He has paid child support, he has inquired about their welfare and has been trying for over two years to get them out of the system. I didn't realize that a father had to go through so much to obtain custody of his child especially when the mother's rights have been terminated. They have even gone as far as to say that they do not have any record of us having concern for the children even though they had my home approved for them. He has been to every court hearing, traveling from NC to Kentucky each time. They have even sent record to NC child service with no contact info for him even though he has register letters and phone records of their calls to him.