legal help

Ok so my brother in law's girlfriend of many years/mother of his 3 yr old child met a guy on the internet in Jan, and left state to be with him last week.

My question is what can he do to keep her from coming back, and taking LO out of state? AND what can he do to keep her from moving back in? He couldn't kick her out because she's been living there, but since she left can she move back in?

Are they renting their place? If they are, is she on the lease? If she's on the lease, he needs to go to the landlord and say she's left, and has abandoned it and needs to come off of it. If she's not on the lease, he doesn't have to let her back in since she voluntarily left.

He needs to file something with the court showing she abandoned him. And get an emergency custody hearing.

Quoting PurpleBama582:" Are they renting their place? If they are, is she on the lease? If she's on the lease, he needs to go ... [snip!] ... voluntarily left. He needs to file something with the court showing she abandoned him. And get an emergency custody hearing. "

yup all of this.

OP, has he legally established paternity yet?

Quoting Captain Obvious:" yup all of this. OP, has he legally established paternity yet?"

I guess so, he was there when she was born, and is on the birth certificate

Quoting The Lurker Next Door:" I guess so, he was there when she was born, and is on the birth certificate"

In most states the birth certificate really doesn't matter.

You have to either get a paternity test or sign the paternity affidavit to legally claim the child. Depending on your state he probably has no legal rights to the child at all so that is the first thing he needs to work on.