my brother and wife are splitting up and my brother has asked me if i would file for custody of his two year old son. his wife left for the weekend and called once to say it was over and has since turned her phone off. he knows that financially he cant do it all on his own and he works out of town alot and she is unable to hold down a job for any length of time and doesnt put the babies needs first. my husband and i are more than willing but we are unsure how to go about the process.
He doesn't have the legal right to give his kids to you, that is for a Judge to decide. If you want to join in the middle of their divorce and custody battle then hire an attorney and file custody papers. But you really have no idea what the law states or what to do without talking to someone who knows the laws in Arkansas. Every State is different.
Definitely talk to an attorney. I am in Illinois so not sure about the laws there but I had a tenant that had guardianship of her nephews--mom split and dad was somwhere else most of the time. He could probably file that she abandoned the kids since she just left and turned off her phone and they cannot contact her. Since he is always working out of the area, he could probably sign papers like my tenant's bro did.
The odds are stacked against you getting custody. Judges rarely give custody to nonparents even if they are a family member unless both parents are ruled unfit or can't be located. But don't get discouraged. Get your brother and yourself to a lawyer. The sooner the better.
definitely a question for a family attorney...I think you are going to have to prove some very serious neglect or danger issues before any court would take this child away from his mother...even if she can't hold down a job, that is what public assistance is for so she would most likely be able to go that route...call an attorney, this is too serious for casual advice from the ladies on this site....best wishes
