I’m trying to assist my brother’s ex-wife in gaining custody of his son, who was born from another relationship. My sister-in-law, who married my brother years ago, has two children with him. However, due to his infidelity and multiple children from other relationships, they divorced. After their children were grown, my niece discovered that my brother, now 50, had another baby. Because my brother and the baby’s mother weren’t properly caring for the child, my niece took him in. While she was working and studying, her mother, who had grown attached to the baby, started looking after him. My sister-in-law is one of the kindest, most loving people you could meet and has been raising this child, now 11, on her own without any help from the parents. I’m seeking advice on how she can obtain custody or legal guardianship. The baby’s mother is willing to sign over custody, but my brother refuses because it would affect his benefits. What steps can she take to secure custody while on a fixed income, given that we’re in Louisiana? Sorry for the lengthy explanation.
She should consult with a lawyer. I’m unsure about the benefits her ex is receiving, but if he’s claiming custody and getting benefits he shouldn’t, it might be worth reporting. Also, how is she managing to enroll him in school and arrange medical care without any legal paperwork confirming her custody?
Your brother is neglectful and doesn’t support his children. I wouldn’t assist someone who’s unwilling to take responsibility. It’s admirable that your sister-in-law has a caring heart compared to your brother. He wants benefits without contributing, regardless of his age. Your sister-in-law should seek legal help to gain full guardianship of the child. Your brother doesn’t deserve any support. I sympathize with your family dealing with him.
If your sister-in-law has been caring for the child for 11 years, most judges and guardians ad litem (GALs) are unlikely to remove the child from her, as they must prioritize the child’s best interests. You can look up the factors judges consider in most states. In my view, she might not need a lawyer unless her ex hires one, but she can request a GAL, an attorney who represents the child’s interests. Both she and her ex would cover the GAL’s fees at the end of the process. While I’m not a lawyer, I have experience with this in the South.
Why have you been aware of his benefit fraud for 11 years without taking action to secure cash and child support for your sister-in-law? It seems like a lot of this is coming up too late, but better late than never. Instead of seeking advice on Reddit, you should consult a lawyer.