My brother has a child which he has had possession of for 3 years. The mother has only made contact with the father and the child on average 4 times a year. The child not spent one single night at the mothers house for the past three years. The father and mother of the child were never married and by law the mother has full costody of the child. Now the mother insists on taking the child back.
Your brother should talk to a lawyer about filing a petition to modify the existing order based upon the circumstances that have been in place for the last three years.
Father needs to get a lawyer and get into court on a paternity case. That case will legally establish paternity and in it, appropriate orders of custody, parenting time and child support will be entered. The decision is made by the court on the "best interest of the child" standard. This history will not help her, but neither is she likely to be completely shut out of the child's life.
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