my brother has two kids that were born before he was married to there mom. does he have the same rights as if they were born in the marriage they both are locked up and on drugs we are trying to find out if we have right to get them are do the go to her parents have the right he is on the birth has the dad
If he married the mother, after the children were born, the children become legitimate upon that marriage, which gives him parental rights. Where are the kids now? In State custody? Is DFCS involved? You should retain a lawyer to assist you with this.
If he has not legitimated the children he will need to do so. The court will determine custody. In any event the grandparents may be able to obtain visitation.
Sign up to receive a 5-part series of useful information and advice about child custody law.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline