Old Boyfriend Comes Back

[JPKasian]

My sister lives in Missouri and has a 5 year old son from an old boyfriend that she lived with her 4 years ago and is now living in Oaklahoma. The father had to be removed from the home by the police, and was arrested on varous charges and has spent the last 4 years in and out of rehab for alcohol abuse. Latley he has been calling the mother and telling here he is coming for his son and threatening to take her to court and leaving several threatening cell phone messages. The mother does not want anything from him not even child support. She definately does not want him near the child.

1. What should be the next legal step to secure sole custody?

2. Should she get a restraining order?

3. Does he have any legal rights to custody? ( his name is on the birth certificate.

Thanks for your help.

 

[JPKasian]

Bump No help?

 

[tpajet]

First step, she needs to contact the police in regards to the threatening messages. Hopefully she still has them recorded.

As far as custody a lot would depend on the specifics of his past, but I doubt a judge would actually award him custody given what you've stated so far. This is actually something that really should have happned when he left. It's really going to be up to a judge. But if she feels threatened by him, then she needs to try to get a restaining order.

One thing that should be in her facor (depends on state laws though) gennerally if she states that she does not agree to the children moving out of state, then he cannot take them.

She's probalby going to end up in court, but if she does, she needs to fight to for him to loose custody rights to the child. It doesn't exactly sound like he would be able to provide the right kind of home.