help I feel helpless

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concernedaunt

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My neice just turned three yrs old last saturday and me and my family had her a birthday party. The mother wanted to come to the party and my brother who is the father said no. My neice had not seen her mother since Christmas 2007. This is not usual that she goes weeks without seeing her.It made her mad that my brother would not let her see her child on her birthday but he did let her see her the next day (Sunday). When see got my neice the next day, later that day the mother told her mother (the grandmother)what she was going to do, run off with her to where her and her new husband now live, a hour and a half away from our town, the grandmother called my brother and told me what she was going to do. My brother and the mother where never married. The mother has never had her except for the first two or three months of her life and even then my brother lived with them and he took care of the baby. The mother has two other children and does not have them with her either. The oldest lives with the grandmother and the boy lives with his dad. I think she sees them every other weekend but does not have them with her all the time. She got married last June, 2007 to a guy she meet on MySpace and after two or three weeks got married. She had her tubes tied and can't have him any children and now he is pushing her to get custody of my neice.They have moved at least 5 times since they got married and she has had numbers of jobs. The husband is supposed to be self-employed. My brother, being a single parent basically, decide my neice needed a mother figure in her life, so for the past 8 months she lives with me during the week and he picks her up from preschool/daycare on Fridays and keeps her until Monday mornings and takes back to the preschool/daycare and I pick her up then.I live about 20 minutes away from him. We did this for stubility in the little girls life and she does think of me as her mother. I love that child like my own. I have been married for twenty years next month and have two children of my own, one 13 and one 11 and they love her also and so does my husband. She has him wrapped around her finger. My brother and I went to an attorney in his town on Monday and he said it could take up to three months to get a custody hearing. My brothers name is on the birth certificate, which we found out is a legal binding document, it is also on the social security card. I went to the town the mother was living in on Monday afternoon to take some clothes and her birthday toys because I knew the mother did not have anything. I took a police officer with me to their house and they were not there. The police officer and I left and he told me to call dispatch later and he would go back with me. I never got the chance to call him back because about 15 minutes later they saw me sitting in a business parking lot down the road from their house. They came back and wanted to know what I was doing, saying they had filed a order of protection against my brother and his family. I could not be there. I told them about the police officer I had been with at their house. They let me see my neice and give her her things, she looked confused and scared, the mother had left my neice with this man all day while she was at work and he is a stranger to her just like her mother is. My neice did not cried when I seen her, I think she was trying to be brave. She asked to go home with me and I told her she could not right now, she had to stay with her mother. I wanted to take her and run but I didn't because I want to do things legal, but I don't think we should have to wait three months. Why can't we get her back now. We go to court Monday March 17, 2007 for the order of protection, which his attorney thinks we can get lifted, because it is bogus allegations and at that time the attorney says he will ask the judge if we can get visitation rights until the custody hearing but I had a friend ask me if he filed for an ex parte' order of emergency custody, I told her no he had not even mentioned it. We have not got to see the attorney again but we took some papers I printed off of myspace about the mother and gave them to the attorney. We have told the attorney how the mother is, things she has done or hasn't done and we want this to be fast. We are scared, we don't know this man she is married to and the baby does not know him. We want the attorney to ask the judge to give her back to my brother and let the mother have visitation rights until the custody hearing. Is this legal? Does he have the rights as a father, who has had her her whole three years of life. If he does not have the rights can me and my husband get an attorney and try to do this ex parte' order of emergency custody since we have plenty of witnesses to the fact we have been helping him raise her. Please answer as soon as possible. We are going crazy. My neice is completely out of her routine the preschool/daycare can not hold her spot and I even take her to church. I have many friends there that will testify for us. What do you think? Sorry, I took so long to explain the situation and this is still not all. I have not told you much about the mother but I could. ?????? I feel helpless.
 
correction

My neice just turned three yrs old last saturday and me and my family had her a birthday party. The mother wanted to come to the party and my brother who is the father said no. My neice had not seen her mother since Christmas 2007. This is not unusual that she goes weeks without seeing her.It made her mad that my brother would not let her see her child on her birthday but he did let her see her the next day (Sunday). When see got my neice the next day, later that day the mother told her mother (the grandmother)what she was going to do, run off with her to where her and her new husband now live, a hour and a half away from our town, the grandmother called my brother and told him what she was going to do. My brother and the mother where never married. The mother has never had her except for the first two or three months of her life and even then my brother lived with them and he took care of the baby. The mother has two other children and does not have them with her either. The oldest lives with the grandmother and the boy lives with his dad. I think she sees them every other weekend but does not have them with her all the time. She got married last June, 2007 to a guy she meet on MySpace and after two or three weeks got married. She had her tubes tied and can't have him any children and now he is pushing her to get custody of my neice.They have moved at least 5 times since they got married and she has had numbers of jobs. The husband is supposed to be self-employed. My brother, being a single parent basically, decide my neice needed a mother figure in her life, so for the past 8 months she lives with me during the week and he picks her up from preschool/daycare on Fridays and keeps her until Monday mornings and takes back to the preschool/daycare and I pick her up then.I live about 20 minutes away from him. We did this for stubility in the little girls life and she does think of me as her mother. I love that child like my own. I have been married for twenty years next month and have two children of my own, one 13 and one 11 and they love her also and so does my husband. She has him wrapped around her finger. My brother and I went to an attorney in his town on Monday and he said it could take up to three months to get a custody hearing. My brothers name is on the birth certificate, which we found out is a legal binding document, it is also on the social security card. I went to the town the mother was living in on Monday afternoon to take some clothes and her birthday toys because I knew the mother did not have anything. I took a police officer with me to their house and they were not there. The police officer and I left and he told me to call dispatch later and he would go back with me. I never got the chance to call him back because about 15 minutes later they saw me sitting in a business parking lot down the road from their house. They came back and wanted to know what I was doing, saying they had filed a order of protection against my brother and his family. I could not be there. I told them about the police officer I had been with at their house. They let me see my neice and give her her things, she looked confused and scared, the mother had left my neice with this man all day while she was at work and he is a stranger to her just like her mother is. My neice did not cried when I seen her, I think she was trying to be brave. She asked to go home with me and I told her she could not right now, she had to stay with her mother. I wanted to take her and run but I didn't because I want to do things legal, but I don't think we should have to wait three months. Why can't we get her back now. We go to court Monday March 17, 2007 for the order of protection, which his attorney thinks we can get lifted, because it is bogus allegations and at that time the attorney says he will ask the judge if we can get visitation rights until the custody hearing but I had a friend ask me if he filed for an ex parte' order of emergency custody, I told her no he had not even mentioned it. We have not got to see the attorney again but we took some papers I printed off of myspace about the mother and gave them to the attorney. We have told the attorney how the mother is, things she has done or hasn't done and we want this to be fast. We are scared, we don't know this man she is married to and the baby does not know him. We want the attorney to ask the judge to give her back to my brother and let the mother have visitation rights until the custody hearing. Is this legal? Does he have the rights as a father, who has had her her whole three years of life. If he does not have the rights can me and my husband get an attorney and try to do this ex parte' order of emergency custody since we have plenty of witnesses to the fact we have been helping him raise her. Please answer as soon as possible. We are going crazy. My neice is completely out of her routine the preschool/daycare can not hold her spot and I even take her to church. I have many friends there that will testify for us. What do you think? Sorry, I took so long to explain the situation and this is still not all. I have not told you much about the mother but I could. ?????? I feel helpless.
I am making a correction in the sentence this in not usually that she goes weeks without seeing her. I meant this is not unusual that she goes weeks without seeing her. She does not see her for weeks at a time.
 
If you have a lawyer, chances are your brother will not be given primary custody.

He has rights, sure. He simply needed to file a petition for custody.

This hearing is pretty darned important. You have to be very careful with false alegations, and how you respond to them.

See what the hearing brings. Hopefully the lawyer won't screw that up.

If you get past that, you bother needs to file a Petition right away if he has not done so. If all goes well at the hearing tomarow, your brother can petition for Temp. Custody Hearing to speed things up.
 
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