Any family law experts on?

[The Kizzy]

So here's the deal.

My brother was 15, his girlfriend was 17, they took each others virginity. BAM 9 months later, my neice arrives. For a long time she lived with my parents with my neice and around when my neice turned 2, they broke up. They both got married to other people, and divorced. She married a guy who was physically abusive to my neice. My brother married a cheating whore. Fast forward several years, my neice is now 11. Last year her mother met a guy on a church message board site, and he looks just like Charles Manson. They got married, and she upped and moved away to East Texas without even talking to my brother about it.

This whole time, 11 years, every week, he sends her money. Even when he was just 16. He is on the birth certificate, but they have no court order regarding custody or child support. He would have to pay alot more then what he pays now under Texas law, probably more than twice what he pays now. He gets her every other weekend from Friday night at 7pmish to Sunday at around noon. He has to driev 90 minutes one way to pick her up and usually they drive all the way here on SUndays, because she visits her parents.

The Charles Manson look a like is involved in a very strange religion. He doesn't believe in eating Soy or Pork. He believes that Blue Bell Ice cream is owned by descendants of Satan. He believes no man has ever put foot on the moon, and space ships are trickery. Noone but him is allowed to watch television in the house. Noone in the house is allwed any kind of sweets but him, and they allhave to sit and watch him eat it. His natural born daughter threw up at the Thanksgiving dinner table, and he beat her with a belt for being an embarassement to God. There are a ton of other things which make him a weirdo, but hey, to each his own.

My brothers problem is that he has no say in how his daughter is being raised. Its all up to the step father. They home school her in subjects like How to Churn Butter and How to Darn Socks. She is getting no real education.

Last night I think was the last straw. My brothers weekend is the weekend before Christmas. He has been asking for months if he could keep her from Friday night until the following Friday night. He is off that week, and my parents are going to be in town. She kept saying she didn't know because she wants her parents to spend some time with her, and my brother agreed to share the time with her parents, as they have remained friends through out all of this.

So yesterday, she called my brother and told him that he could not have my neice at all for Christmas because it is not what God wants, so she can not celebrate Christmas in any way. My brother got the corporate lawyer to draw up papers yesterday. I think he is suing for custody based on that she is getting no real education and he is mentally abusive. (he calls my neice fat, and she is 11 years old and wears a size 2)

You think my brother has a case?

[Tikker]

I'm going to say that it probably doesn't matter :sad:

if she's in a relatively stable household, and she's not being beaten, or sexually abused, his chances of getting custody are probably slim to none

[Lyion]

Actually, if he believes it's in her better interests to live with him, he does have a good shot.

Texas' legal system allows for cases like this, and the first thing is to contact a good lawyer to investigate this.

The only problem is this can be a lengthy and expensive process.

[Jay]

That's an obviously slanted story. I guess it really depends on what the girlfriend and her current family are REALLY like.

[Eziekial]

Are you making this shit up, Janet? Because, if so, you have a talented imagination and are wasting your time playing secretary.

[The Kizzy]

These are things my neice has told me. I promise I am not making it up. Slanted story? Maybe, but its coming from an 11 year old, so its probable, but thats all we can do is go by what she tells us.

My brother works for a company who treats him like family. He has been best friends with the owners son since the 2nd grade. They are paying the corporate lawyer to handle the case. She does specialize in family and corporate law. He has to pay all the filing fees, etc.

Thanks for that glimmer of hope Lyion, I appreciate it.

[Jay]

It would be very easy for mom to say that dad is a deadbeat. He technically has not paid any child support. They don't have a custody agreement. She has been legally living with "The Mansons" and has a stable home and education. The level of applicable and satisfactory education, much like most of this whole situation, is really up for interpretation, which I guarantee there will be 2 stories that almost completely don't match up. Does dad have a stable family environment? Does he make good money? Do the Manson's make good money? From what I've heard from your recollection of the 11 year old's story, I don't think anything will really change but moreso it'll be legally defined from this point on. That's the best your brother will get unless mama Manson decides to be shady and say he hasn't paid child support. If that's the case, kiss his rights goodbye. If the situation is agreed upon to be joint custody, that means he'll probably have to pay child support. That's how I see it.

[The Kizzy]

Well, my brother doesn't pay her in cash, always with a check, so I guess he can use that as proof. He just called and the lawyer is filing on Monday. She strongly feels that he does have a case. She does not work, and Mr Manson build log homes. One of which they live in. From what I undertand, they are big logs with mud shoved between them for insulation, They do have running water but use an outhouse, and they do have electricity. Everytime she comes over, she is filthy and stinks and runs for the shower first thing.

My brother has a good job doing sales for a specialty electronics place and makes about $45.000 a year, owns his own home and has a nice vehicle which is paid off. He just informed me that if he does get custody, my son has to move into my room with me, which is fine for the time being. He sleeps with me anyway. Big Mommas boy.

He is filing for emergency temporary custody, which, from what I understand is always granted to the filer, and it could take 6 months or longer to even get a court date. I'll keep ya'll posted. But please if you do pray, keep my brother in your prayers, he is one hell of a father,a nd I think this will be the best thing for her and him. Thanks

[The Kizzy]

oh, and Mrs Manson told my brother that the reason she is homeschooled the way she is is because Mr Manson believes that women should not work, they should stay home and care for the family which is why he feels education is not important.

[Jay]

I want to hang out and have a beer and cigar with Mr. Manson.

[Evermore]

Texas is a commonwealth i believe as is PA, you need to check with the state government. I can tell you this much. He absolutely has rights in this and should IMMEDIATELY go and start a custody hearing. He should also go and get a support agreement. they dont have to go by what the court sets, the 2 parties can agree. other expenses will apply.

[Gaazy]

Sounds like ole boys got his head on his shoulders good. Women shouldnt be allowed no education, their place is in the kitchen and the bed. Sure as hell not out shoppin and spending the man's hard earned money neither godamnit!

[Zanchief]

If he hasn't been paying full child support won't he have a big ass fine before he starts doing anything?

[Martrae]

Only if he was ordered to pay child support. If she never asked for any, he's not obligated to pay any.

[Zanchief]

WOW it's not like that here at all.

[Evermore]

Only if he was ordered to pay child support. If she never asked for any, he's not obligated to pay any.

Mar is right. they wont fine you or hit you for back support.

[araby]

I don't think this is true, well in south carolina I think if you haven't been paying and then you have to by the court, you owe back child support also. I think. NOw I'll find out and post again once I do.

[The Kizzy]

He had a long talk with the neice. She turns 12 this year and can legally make the decision of where she wants to live. She said she doesn't want to leave her mom. So he is leaving it at that for now.

[Jay]

I don't think this is true, well in south carolina I think if you haven't been paying and then you have to by the court, you owe back child support also. I think. NOw I'll find out and post again once I do.

Only if they filed and you didn't pay up.