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Can a mother keep a father away from a child if they're still married?

They are still married. Does my brother have any automatic rights to his child without it in writing because they are married or does everything have to go through the courts?

And my brother doesn't have much money , what are the alternatives to paying a bunch of money to get some custody of his son?

Please help and thank you if you can :)

5 Answers

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  • Anonymous
    8 years ago
    Favorite Answer

    He needs to contact your local DSS or department of social services. They may offer legal aid if he doesn't have any money for a lawyer. Not only that, only DSS can determine if he is an unfit father or not. With no proof of being unfit, her keeping him from him in this divorce is "highly" frowned upon because it is not n the best interest of the child's mental health. Here's the deal; Without a custody agreement both parents have equal rights to the children as in when you where married...because they still are! He may proceed with the divorce and represent himself, she must prove for whatever reason that the custody should go how she asks. Being financially destitute is not a good start though, but not an end game either. He needs to begin documenting how long she is keeping him away, birthday's Easter, family events etc. that the child is missing. With no just cause for keeping the child away from him, a judge is going to burn her in the end.....kids "ARE NOT" pawns in this game and should and will not be treated as such in the eyes of the law.

    Source(s): Divorced dad of four "with custody" for these very same reasons. "Maryland"
  • 8 years ago

    Your brother should be able to visit with his child, and if the mother is keeping the child from him and not allowing visitation, she is HURTING THE CHILD.

    Most of us don't have much money, that's a fact!! I'm soryr your brother is struggling.

    It costs money to file for custody and if they have never been married, he is going to have to have a DNA test done, even if his name is on the birth certificate. Most states don't consider a child born out of wedlock to be anyone's child in particular until a DNA test is made.

    I hope things work out.

  • Anonymous
    5 years ago

    my mom was a teen mom. she married my dad while she was pregnant with me. they now have 3 kids together and are divorced. they separated for good when i was 14 or 15, out of the 7 teen parents (including myself) in my graduating class only 1 of them married their baby's father. they have a rocky marriage and have only been married a little over a year. i had my son right after my 18th birthday and got married at 19 but not to his father and im pretty happy.

  • Liz
    Lv 6
    8 years ago

    Unless there is some kind of court order saying he must stay away there is no reason the man can't see his own child.

    Source(s): I'm an attorney.
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  • ron-D
    Lv 7
    8 years ago

    The police won't force her to allow him to see his child without a court order. It's not right, but yeah, until then, she can ignore him all she wants.

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