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#656883 - 08/13/10 08:15 PM Need Help ASAP
MoonsTwilight Offline

recently joined

Registered: 08/13/10
Posts: 1
This is concerning my brother and parents. In April 2010, my brother(22) had a daughter with his girlfriend (23). They lived with her mother at first while they were looking for a place of their own. After a month, the girlfriend's mother told my brother that she didn't want him in the house anymore. So he moved back home with my parents. A couple weeks later the girlfriend and baby come over and visit often. At least once a week (usually more than that), and oftentimes spend the night. My mother has a crib, changing table, baby swing, ect all set up for the baby.
She and my brother were looking for a place to stay during this time. Everything seemed fine and everyone seemed happy. Her mom was even asking for pictures of our family to put in a scrapbook for the baby.
Suddenly, she doesn't want to move our of her mother's house. Her mother having told her that she would be lonely if she moved out. The girlfriend decided not to move out.
A few days later, she started taking her stuff that was at my parent's house home with her (clothes, bathroom stuff, ect.)
Then she changed her phone number. She wouldn't talk to my brother or my family.
When my father called her mother to tell her we had some things for the baby (diapers, clothes) she said they didn't want them and to stay away from them.
My brother tried to talk to the girlfriend (she hadn't said anything about them breaking up). She wouldn't have it. Told him he was never going to see his daughter again.
A week ago he was served with papers for an Order of Protection. The court date was this morning.
She said in the papers that he tried to run her off the road (the date and time she put, he was at work; granted he did pull up next to her to try to get her to talk to him and that's when she said he would never see his daughter again). She also said that he followed her to the bank at a later day (true; he was trying to find out what was gong on; why suddenly everything had changed). She also said that he had called her and said that he was going to kill her, the baby, her mother and grandfather (which was untrue).
The court granted the Order of Protection for 9 months.
They also said that visitation was granted but only supervised by her grandfather at the grandfather's residence.
The question of paternity was also brought into question (she said he was the father, his name is on the birth certificate, and the baby has his last name).
This all occured in the state of South Carolina.
My brother is willing to pay child support and just wants to see his daughter. (who he wasn't allowed to see for the month before this hearing and still has not seen).

My question is this: can this be appealed?
Do my parent's have any rights to visitation with their granddaughter (who they say at least weekly and were attached to).
Even our dog misses her. (He's done nothing but mope around since she left).
What options do we have?
Any advice would be greatly appreciated.
Thank you.

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#656884 - 08/15/10 12:26 AM Re: Need Help ASAP [Re: MoonsTwilight]
javajunkiee Offline
Carpal \'Tunnel

Registered: 06/02/08
Posts: 3200
Loc: SC
Unfortunately grandparents have zero rights of their own when it comes to grandchildren. The only rights that they would have to see the baby are the rights they are given by your brother, and at this point he doesn't appear to have much himself.

If your brother hasn't found an attorney to assist him with the custody issue he should start looking asap. You don't mention if he has the financial means to afford a lawyer, but somehow, someway he needs to have someone representing him in court. The fact that the girlfriend has put an order of protection on him can lay the groundwork to seriously impact his rights to his child for years to come. She's not messing around, and he needs to answer her charges just as fiercely as she makes them. He's not going to be able to do that on his own, especially after he's already been limited to supervised visitation. Get the paternity test done asap, and your brother needs to be on his absolute best behavior - not even a speeding ticket - while this is all going on. He needs to keep quiet about any strategy also; don't repeat anything to anyone you wouldn't want getting back to the other side.

Your parents will have to try to work with your brother to arrange to see the baby on during his supervised visits. If things weren't so volatile between the families right now I'd suggest trying to get the grandparents to work out their differences for the good of the baby, but with protection orders being issued, I would NOT recommend ANYONE in your family trying to communicate directly with the gf or her family.
_________________________
Marriage doesn't come with a money-back guarantee.

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#656885 - 08/31/10 01:58 PM Re: Need Help ASAP [Re: javajunkiee]
chaznsc Offline

newbie

Registered: 12/22/09
Posts: 43
His best option is to buy an hour of a GOOD attorney's time and get some LEGAL ADVICE. Its also in his best interest to HONOR the TPO to the letter of the law. Im also in SC and if you are in the Aiken area I can recommend a very good attorney.

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