If there is an underlying family law case, he can pursue trying to get custody back as part of the family law case. If there is no underlying case ever filed or the case is closed, and this is now in children's court, children's court has paramount jurisdiction v. family court and he will have to fight to get his child back as part of the children's court case. Has your brother legally been adjudicated as being the child's biological father if they wrent married? Also, depending on the allegations of abuse, he may need a criminal defense attorney to defend him against the allegations. I wrote a blog how making up false or trumped allegations of child abuse can result in the court taking the child away from the parent making false allegations. Go to www.karplawfirm.com and search family law blogs.
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