My mother lost all rights at birth due to drugs & went to jail shortly after. I have always been very close with him but his father, which has full custody, has always given me a problem but when I would want to take him for a few days or so. Now all of a sudden my brother has said that he fears me and wants nothing to do with me because I yelled at him for physically pushing me & told him that he was being raised with no respect & not to be abusive like his dad. Things were fine for months and he apologized but all of a sudden his father went to court w/ my mom & told this to the judge.
Estate Planning Attorney
What is your question? How old are you? Rights to what? I am not clear on what action was before the Court; is it a restraining order? You don't have any rights to your Brother over his Father. If your brother is a minor, his Father will control who he sees and when absent profound circumstances. When you disparaged your brother in comparing him to his abusive Father, did you think that he would not be hurt by this and tell his Father? The Father then tries to protect the Son from you, or keep him from you because you are not "respectful" of him. If this is a protective order or restraining order, it will be to keep you away from your brother. These are generously granted in an abundance of caution to protect the person fearing contact by another person. You can go to court and explain, hire an attorney to help you do that or try to work it out with your Father and Mother. Often, these relationships can pick up again after the youngest is over 18 and the parental influence is not as strong.
This is intended to be general guidance and not necessarily state specific advice. There are some concepts that are the same or similar in most jurisdictions but not all. Use the AVVO.com web site to find an attorney in your area for state specific advice. In addition to that, contact your local bar association for referral to an attorney who specializes in this or talk to friends and neighbors to ask about an attorney they have used and liked. Often, but not always, the attorney will do an initial consultation free of charge. You will then be in a better position to determine what to do next. Best of luck to you!
If you liked this answer, click on the thumbs up or vote it best answer! Thanks. Eliz. C. A. Johnson Post Office Box 8 Danville, California 94526-0008 Legal disclaimer: I do not practice law in any state but California. As such, any responses to posted inquiries, such as the one above, are limited to a general understanding of law in California and not to any other jurisdiction. In addition, no response to any posted inquiry should be deemed to constitute legal advice, nor to constitute the existence of an attorney/client or other contractual or fiduciary relationship, inasmuch as legal advice can only be provided in circumstances in which the attorney is able to ask questions of the person seeking legal advice and to thus gather appropriate information.
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