Legal Question in Family Law in California
Using a child as leverage
My brother is soon to be a fugitive running from the law. He got involved with a woman briefly who became obsessed with him. She got pregnant and he now has a one year old...needless to say he tried to make things work but she'd go crazy on him using nights when he'd been drinking to push buttons and start fights, took pictures of him drunk, and used letters of appology to get a restraining order when he said he was leaving her. She used their daughter as leverage to constrict his visits for the next 3 years, figuring that was the only way to hurt him, and she was right. My brother does have problems, he's chronically depressed, suffers from alcoholism, and let's just say his childhood was no walk in the park! He skipped out on the court date that he felt was going to elongate his sentence of absence in his daughters life and now there are warrants out for his arrest. There are people looking for him and coming close to finding him. What can he do? Will he have to serve time? He's told me he's just going to run but my fear is that if he keeps on running he'll be running forever and never have the opportunity to see his daughter grow. Please give me some options and ways to help in any way possible!! thank you!
3 Answers from Attorneys
Re: Using a child as leverage
He needs to retain an attorney to represent him in this matter and then arrange to go to court for the warrants. Then he should work toward getting visitation. With proper approach he should be able to get some visitation and develope a relationship with the child. He must also deal with his depression and overcome the alcoholism. Until he treats the depression and alcoholism he will not have any meaningful contact with the child.
Re: Using a child as leverage
He has to face the charges. It would be for the better. You'd be happlily surprised at the options the criminal justice system has to offer that are very helpful to some with drug and alcohol problems. Hire an attorney to appear on the warrents and provide a good defense. If they are felony warrents he will also have to appear. Call me directly at 16192223504.
Re: Using a child as leverage
It's hard to tell from the facts exactly what is happening but it appears to me that your brother disregarded a court order to appear in a civil action. Now there is a bench warrant out to make him appear. All he has to do is turn himself into the court and promise to appear at the next hearing.
The question of his family relationships is easier to explain but very hard to do. Your brother has to realize that he has no rights except to pay for the child he sired. Now this is not exactly true, and there are father's rights groups he can go to but I am saying it very plainly so he will understand.
He has to pay for the child and has no right to see the child unless the mother wants him to. Again, I am overstating the situation, but I am doing it on purpose to make a point.
Your brother has to learn to be patient, polite and kind. Unfortunately he did not learn this when he was a child which is tragic but now it is time to learn.
My advice is to go to court, be completely honest, (a lawyer would be a real good idea here) and start working to rehabiliate himself so that he can grow into a mature adult male. I am sorry his parents did not do this for him but it is never too late and there are many groups that can help him. I suggest "Adult Children of Alcoholics."
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