Legal Question in Family Law in Kansas

My brother is on parole from past drug charges, 2 years in with 2 years left. He has been clean, held his assistant manager job for almost a year now, and has a beautiful 7-month-old baby boy. They weren't married and they were amicably separating, with a week left before being final, my brother asks to have the custody agreement on paper. She took it upon herself to record him while she antagonized him about selling every last thing he owned, trying to get a rise out of him. A slammed door is all she got, when she called the police for Domestic Violence/Abuse. Police saw the video, they saw the sparkling clean house she said he "destroyed in a rampage that made them fear for their lives" and realized she's throwing crap at the wall to see what sticks. When all else failed, she told the police about a marijuana pipe in the house that he didn't even know was there! It was her own pipe that hadnt been used in months, but was planted for her full-proof plan of locking him up so she can take the baby with no dispute - to Pennsylvania, I might add.
She has a 4 year old daughter (that calls her by her name, not "mom") as well that was molested for a period of months under the age of 1, while in her primary care, and she never did a thing about it. It's no big deal, "she'll forget and won't even remember later." No custody issues, nothing taken to court.
(No mother* thinks or acts like this)
Her spite has again ruined my brother's life, his future and most importantly the future of these babies. It sickens me with fear to know that they'll go back to a life where their mother is never around, doesn't care or pay attention to who is around her children, and doesn't put any effort into their raising.
Please, I know a drug charge on top on parole is crippling and almost impossible to prove innocence, but my brother will take the time regardless. His ONLY concern is making sure his child is safe while he can't be there to ensure it. We all know she has a continuing drug problem, but just hasn't been caught yet by the law.
Please, any legal guidance to keep her from taking a child from his loving father. This isn't motherhood, or the "motherly" thing to do.. It's Spite. If she could get a straw out of her nose, she might notice that.

Asked on 12/08/15, 8:08 am

Anthony Smith LawSmith

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Where the father is unavailable, and the mother unfit. An aunt can petition for custody of a child.

Good luck

Answered on 12/17/15, 9:34 am

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