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Custody Case/Please help

60 replies

nonameimagination · 30/08/2018 15:33

Ok so I've had to name change and I know this isn't the right place to post but desperately hoping for some good advice.

My brother and his girlfriend had a baby 7 years ago when they were in their early 20's, they weren't married. His girlfriend hated being a mum no pnd or anything just missed being young free and single Hmm.
Anyway she let when their dd was 10 months old and moved literally right up the other end of the country, she visited once when their dd was 3 and will send the odd Christmas/birthday card but to be honest doesn't usually bother.
2 weeks ago she comes back and tells my brother she is pregnant and married. She told my brother she wants her dd back as she is ready to have her own family now. Obviously my brother refuses so she tells him he isn't their dd's real father, he thought she was lying just to get what she wants but it turns out he isn't dd's father - he knew she had cheated on him but didn't know when so had no idea dd might not be his.
What is he supposed to do now? Will he have any chance of winning custody even though he isn't her biological dad, he is on her birth certificate and she has his name. I feel really sorry for my niece we all love her so much and now she might be taken away to go and live with a woman she doesn't even know.
Sorry this is such a long post but does anyone know where my brother will stand/have any advice?

OP posts:
Walkingdeadfangirl · 30/08/2018 18:42

I think the courts will take a dim view of the mother
That will depend on her side of the story, she might have a believable reason (true or made up) for everything that happened. Depression, abuse, addiction ... and has now recovered. Maybe she didn't lie about who was the father but was just 'unsure'. She didn't actually abandon the baby, she was left with a person completely capable of looking after her and at the time she hoped he was the actual father.

notapizzaeater · 30/08/2018 18:47

Has he actually taken legal advice ? Does the child 'know' her mum at all ?

MeandMoo · 30/08/2018 18:54

So sorry I don't have any advice for your Brother but Wow what a terribly sad situation, the Mother should be ashamed of herself. Awful behaviour! Really hope it works out in your Favour x

IfIWasABirdIdFlyIn2ACeilingFan · 30/08/2018 18:55

He won’t have parental responsibility just because he has raised the child, it doesn’t work like that as sad as it is.

He has parental responsibility because he is named on the birth certificate. He doesn’t automatically lose that just because he isn’t her biological father. It has to go before a judge who will decide whether to remove his PR or not.

Allthewaves · 30/08/2018 19:00

He needs to get specialist lawyer now and get advice.

IfIWasABirdIdFlyIn2ACeilingFan · 30/08/2018 19:00

Your brother needs to see a solicitor urgently with regards to his position but tbh if she has thus far taken no action then I would do nothing from here on until she does/doesn’t take action herself.

I agree with this. He needs to see a solicitor ASAP. But he needs to instruct the solicitor not to write to her. (They will try as they charge for every letter) he needs to do nothing, ignore her, don’t respond to any contact from her. if he gets a court summons, that’s when his solicitor can write and inform her they are acting on his instruction and to communicate with them.

SummerStrong · 30/08/2018 20:13

At this stage I'm guessing the mother doesn't know for sure he isn't the dad, she probably suspects it.

Don't admit to having performed a dna test...yet.

BoneyBackJefferson · 30/08/2018 21:17

Just adding my voice to go see a specialist lawyer about this.

garethsouthgatesmrs · 30/08/2018 21:29

but the courts unfortunately do still mostly side with the mother in these situations

I don't agree with this. Not in a situation where the mother absconded like this. Also agree with a pp that I doubt the mother is sure he isn't biologically the father. She just knows he might not be.

garethsouthgatesmrs · 30/08/2018 21:32

What an evil woman. Abandoned her child with a man she wasn't sure was even her dad thus potentially denying her a relationship with any biological relative just because she missed going out and having fun with her friends. OP I am really praying for your brother and your niece. It's a disgrace in 2018 that this can still happen to men and there should be some kind of legal repercussion for the mother as she has told such a colossal lie and it will potentially have an impact forever on so many people's lives particularly that of a small innocent girl.

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