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Barrister, Lawyer
Category: Family Law
Satisfied Customers: 37017
Experience:  Attorney with 16 years experience
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My son was married months. His wife abandoned him and

Customer Question

My son was married for 7 months. His wife abandoned him and tortured him by not communicating in any way except for a rare text. She refused counseling. She delivered his baby 3 weeks ago. She wants to keep the baby and send him divorce papers.
My son is 25 and is devastated. She is 27 and thrilled with the baby. Baby is all over facebook. He has litterly begged her to stay with him. She refuses.
I feel we need an attorney to protect his parental rights.
Submitted: 2 years ago.
Category: Family Law
Expert:  Barrister replied 2 years ago.
Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.
I am very sorry to hear that despite his best efforts, son's wife has made this decision...
Unfortunately, if she has decided to get a divorce, then legally son can't prevent her from doing so. However, although it may be difficult for him, if he wants to secure his parental rights, then it might be better for him to file for divorce himself and seek an emergency custody order so he can get his parental rights established and be able to spend time with his child.
If the mother doesn't take action, then since they are still legally married, either parent can have custody of the child and son couldn't compel her to let him see the child without a court order.
But if he files, he can get the judge to order a paternity test to confirm paternity and then get a custody order that would force her to let him have the child during his custodial times. If she refused, the judge can hold her in contempt of court and make son the primary custodial parent.
So at this point, although it will be tough, son really needs to sit down with a local divorce attorney and discuss the situation so they can plan the fastest way to get a custody order in place so he can see his child.

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