Rant: people suck sometimes

sunna

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Sorry in advance to anyone who reads this; I'm hoping I'll feel slightly better when I'm done.

Just found out last night that my baby brother's girlfriend (one of the whiniest and least stable spice-girl types I've ever had the privilege of insulting) did what we've all more or less been afraid she'd do since she had his child a year ago. She took off. They're living together but were planning on moving to separate quarters next month; she got pregnant as a way to pressure him into marriage, he dodged that bullet but was trying to support her lazy ass, and they hate each other. (Yes, I know - it took two. But she admitted she stopped using the pill without telling him, and why she did that, and - ARGH. Whatever. Water under the bridge and all.)

But Saturday night, right after I left him to head back to ME, she demanded all sorts of money for child support, insisted he move out but pay for her apartment, and told him he'd only be able to see his daughter once a week. I dunno where she got those numbers, if she's got a lawyer, or if she was just trying to scare him into agreeing, but it sounds incredibly high to me. He said hell no, they argued, and she called her uncles, who came over, beat my little brother up, and took the baby. He hasn't seen his daughter for 4 days and can't get hold of her psycho-bitch mom. Being my brother, he didn't think to call his family and ask for help until last night.

I've been on the phone with lawyers since 7 last night trying to find someone who can help him. We have no idea where my niece is, my mom is freaking out, and one of my sisters is flying out there in a day to do - I have no idea what there is to do at this point. As far as I know he's filing for custody today, but I have no idea how he's going to pay for legal help; we're going to send him what we have, but I don't know if it'll be enough.


:cry: :rant: :Headbang: :e2bummed:

What a fucking mess.


Okay, at least I no longer want that cigarette.
 

DonnaDuck

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That's called kidnapping. Call the cops and have them issue an Amber Alert in your state. Put out her profile and the profile of her uncles, any car she drives, those plate numbers, those of the uncles, last known addresses and so on and so forth. People really respond to those and they do help. Don't just talk to lawyers. The cops need to be involved in this. Get her and her uncles convicted on kidnapping, conspiracy to kidnap and the only thing she'll be getting is bitch-slapped in jail.
 

Siddow

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If they beat him, there's also assualt charges.
 

kristie911

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That's called kidnapping. Call the cops and have them issue an Amber Alert in your state.

Unfortunately, (at least here in Michigan) it's a pretty sticky area unless there are court papers in place with custody spelled out.

If the baby mama (let's call her BM because it sounds very appropriate) is as big of a bitch as it sounds like she is, all she has to do is whine that he was threatening her or some such bullshit and that she fled with the baby because she was scared and there's no way charges will be filed for kidnapping. Now if she refuses to cooperate and her family hides her from the police, then it is kidnapping. But there's definitely assault charges there against the uncles, if charges were filed.

Custody stuff sucks but the best thing your brother can do is get a lawyer and start the long process. It sucks but it's the only thing to do.

(((HUGS))) to you and your family, Sun.
 

DonnaDuck

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That's the thing, custody papers. If nothing's drawn out then both parents carry mutual custody and parental control. To have your child up and taken from your home without your permission, even without court papers there, is still kidnapping. Under the eyes of the law, that child belongs to both of them equally until other such arrangements are made. You see these TV shows that depict the wife just up and moving with her kids because she doesn't want to be married anymore, that's kidnapping. The father has as much right to his child as the mother does and until the court steps in that right is equal. She can cry wolf with violence but it still needs to be proven and since he's the one with the bruises, I don't think it's likely. My uncle's ex-wife did that to him constantly, even claimed he tried to kill her by mis-wiring a jacuzzi. None of it could be proven and my uncle's harmless and that can be proven and has been.

If she refuses to allow the father of the child see the child when there aren't custody papers drawn up (read: no divorce has been made and the parents just verbally agree that they'll act normally) and his name is on the birth certificate, that's kidnapping and possibly a hostage situation, not to mention risk of injury to a minor. I think it starts to get sticky when there are papers but the definitions are clearer cut.
 

ZannaPerry

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I don't have much to comment on this subject, but it does suck and I am sorry to hear about this, sunna7kore. I wish well for your family! Good luck with everything.

People do suck sometimes...I know!
 

Jaycinth

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Same Psychosis...different day.
If he files first he can stick her with the court costs.

Because her brothers beat him up he can file assualt charges.

After that he can file for sole custody because he is 'afraid of the harm his child might come to living with a person whose close relatives are so violent. Now, the court may simply say she can't have her brothers in the same room with the child, but she'll break that soon enough.

But, most importantly, go on line, look up the state code. Memorize the sucker. List everything you want to do in accordance with the law. Go to the max.

THEN get a lawyer. Get an evil lawyer with big teeth.

If it is not settled now, he will find himself back in court on a yearly basis until his kid is 18.

ANd HUGS!!!
 

sunna

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Thanks, guys: reading your responses has made me feel better than I've felt since last night when I got this news. :Hug2:

I'm looking up the state code now. The first thing I told him to do after I got done swearing was to call the police, but he didn't want to: I'm going to bug him again right now and insist on it.

BM - I like it. I'm going with it. :)

Donna: yep, that's exactly what we're all worried about right now. She has no problem making things up when it suits her, and I have no doubt that's next on this shit list. Goddammit, I wish I hadn't left. My littlest sis is a force to be reckoned with, but she doesn't have my mean streak.

Hmmm, isn't it wonderful that I make things up for a maybe-one-day living...

(no, I know I can't, but I'm not above threatening it if I need to.)

Ok, calling my baby brother now....

It's killing me to sit on the sidelines and watch him get clobbered like this. And not to know where Phoebe (my niece) is.


Thanks again, folks. There are a few less knots in my neck now.
 

Serenity

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...cause sometimes you just need a slap on the hea
I have to ask, just for clarification, did she take the baby or did the uncles take the girl? Because if it was them (and not the mother), I would think kidnapping charges would apply, because they don't have any legal right to the custody of the child. (I think, at any rate, I am by no means an expert!) At the very least, assault and battery charges should be pressed and your brother should be able to make a credible case for custody based on the welfare of the child who shouldn't be anywhere near the uncles who have most definitely shown violent tendencies.

I wish the best of luck for your brother and the safety of your niece! Stay positive, and don't back down from having him press charges. At the very least, should that come up in court, it would show a pattern of behavior on their part that is not in the best interest of the child.
 

skelly

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Sunna, I would imagine that you and your family are beside themselves with worry. I'll add you guys into my prayers tonight. Kristie has the right of it...it is a long process (the legal one, I mean), but it does end. As bad as it sucks now, things will get better. Stay strong.
 

Fingers

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Im not a lawyer but I dont think its kidnapping. Custodial interference maybe but not kidnapping. Call the cops and file charges against the uncles and get yourself a female lawyer. Not being sexist, but everyone I know who has had a female attorney in like circumstances has done much better than those with a male attorney.

yer pal Brian
 

sunna

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Update...

The situation is definitely improving: most of all because my brother got to see Phoebe last night for an hour, and now we know where she is. He hired a lawyer yesterday morning after I talked to him (blew every cent of his savings doing it, but we're all sending him as much as we can this weekend). The lawyer hired a PI on the spot, had him file for custody, report the assault and child-snatching (only for posterity, as I guess in CA if you wait more than 48 hours it's pointless, which I don't get at all - and apparently the posse she called to make this happen are listed as godparents, which muddies the waters considerably) and had her served that afternoon: which, combined with the fact that she ran out of money, scared her enough that she showed up on his doorstep whining and asking if they could make up.

He's got more self-restraint than I do. He said hell no, but he'd be willing to do mediation over a court scenario, so they're trying that. He also told her he'd be seeing his daughter at least 3 days a week, that she'd never get more than half of the money she asked for but he'd be happy to give her less if she pulled any tricks, and that she'd be paying for her own damn apartment. That she was going to bring Phoebe over immediately so he could see her, and that if she ever called her family over or took the baby away like that again he'd just call the police and let them deal with it. Meanwhile Phoebe is coming over again tonight. I would rather he had full custody (actually, I would rather his bitch ex just fell off the face of the planet) as I'm positive she'll pull this crap again, and I have no doubt the mediation will turn ugly, but he seems to have gotten a good grip on this situation, which is pretty impressive, IMO.

I just hope Phoebe can't remember this crap later; and that her mom doesn't use her as leverage. My baby brother is a good daddy, a concept I still have a hard time wrapping my head around.

:e2thud:

Thanks for all the advice and good wishes, everyone. It meant a lot, and helped immensely. This is Phoebe. Ain't she cute?

6k88kn9.jpg
 

Siddow

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She's adorable! I'm glad things are looking up.
 

sunna

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Glad I'm not the only one who thinks so (besides her father, other aunts, and grandmother, that is). :) I've never seen a kid that young with so much hair! And she does this hilarious little "Awhoo?" Home Improvement noise when she wants to know what something is, which is what she was doing when this pic was taken.

Here's hoping her horrible mom doesn't mess her up. One of us is going to be flying out to CA every year for the next decade or so to help my brother out. My mom's even thinking of moving there; but she'd hate living in a city. I admit, I'm also thinking of it, though I'd probably hate it too.
 

choppersmom

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I'm a little late chiming in, but I have a couple of things to add.

1) Phoebe is a precious little angel, and
2) Have your brother call his local bar association and ask if they have any kind of program that hooks people up with lawyers who do pro bono work. That means free, and if I'm not mistaken, almost all lawyers do some. In my county, the bar association has a list, and they give you recommendations for lawyers who do the kind of work you're looking for. I've done this in the past when I had no choice. I know he already hired a lawyer, but that retainer only goes so far, and when it runs out, the lawyer is going to want more. It might come down to this, where he might have to look for some free help.

I'm sorry your family is going through all this, and I hope things work out.