You need to get the courts involved. In regards to the unborn child, your brother has almost no rights until the child is born. Your brother does have rights in regards to the 1st child, but he needs a court order to keep the mother (or the kid) in the state. The reason for this is that both your brother and his ex have parental rights, so taking the child is not kidnapping. Tennessee does have a custodial interference kidnapping statute, but this requires a court order of custody. The fact that the ex is illegal is irrelevent to whether she has parental rights, but it could come into play in choosing who should get custody. A court is reluctant to grant custody to a person outside of an American jurisdiction, but it does happen when the other parent is unfit. If the mother is taking the children out of state for the purpose of concealing the child from your brother, then she may be committing a crime. However, proving this intent would be nearly impossible.

If there is no court order for custody then the mother has done nothing wrong, she can take her child and herself anyplace she wants without anyone's permission. The only hope the father would have would be to go to court and ask for an order compelling her to return his child (the one born) back to the child's home state. He's going to need an attorney.

Single Fathers As a single man, you have NO ASSUMED RIGHTS to the child. Watch the movie trailer at the link below about a single father. áµ… But, some recent material shows there’s a possible option that you could file for custody even before the child is born, in the state where the child was conceived. Get an order enter forcing a DNA test, unless one has already been done. DO NOT PAY ANY KIND OF SUPPORT FOR THE CHILD UNTIL A DNA TEST IS DONE, AS IT ACKNOWLEDGES YOUR FINANCIAL RESPONSIBILITY FOR THE CHILD. Once you begin paying child support, regardless of whether you are the father or not, you can be required to continue paying. If you are paying without a court order, it can be considered a gift, with you ordered to repay for the same time period, especially if she's on Welfare, up to 18 years worth. If one has not been done, go to the child support enforcement to setup a voluntary order. Wait for them to file against you will result in you paying all court costs of up to $5000.ᵉ ᶠ Take a certified parenting course. The court is going to order you to take it anyway, so by showing you’ve taken it only looks good to them. Start keeping a daily journal of all your activities. The most common way to prevent a father from getting his rights through the courts is a false allegation. A daily journal is your number one piece of evidence in court and you can even refer to it while on the stand. Gather evidence. Check the site below to see if it is illegal to record conversations without the other person knowing. If your state does not have a law either way, than it defaults to the federal ruling which says one person in a conversation must know they are being recorded. You’re that one person. In Missouri it is specifically legal, in Kansas there is no mention either way. If you live in two different states, and one has a law against it, than it applies when the call originates from within that state. Now, you can't just record, you also have to transcribe it into the daily journal.ᶜ If you are being denied access, write her a letter notifying her of intent to exercise visitation on a specific date, like Saturday 10 AM to 6 PM. Sign it and make three copies. Mail the original Certified Mail and the other with Delivery Confirmation (75¢ + postage). If she rejects the one, she still receives the other. Whether the Certified Mail confirmation card or the Certified letter comes back, attach it unopened to a copy of the letter, plus a printout of the Delivery Confirmation from the web link below.ᵇ When you file for visitation rights, take these documents to the County Courthouse. Have the Clerk of the Court notarize it and than place it in your case file. Do this three times before considering going to court. When you do go to court, the judge will these letters while preparing for the hearing. When you show up to pick up the child(ren), bring witnesses. Do not enter her place alone. If you can record, have someone video record. Check the site below to see if it is illegal to record audio and/or video without the mother knowing. If her state does not have a law either way, than it defaults to the federal ruling, which says one person in a conversation, must know they are being recorded. THAT’S YOU! The court will order you into mediation, so take the lead first and suggest it to her. Instead of hiring attorneys, going to a mediator, you can hammer out an agreement. A mediator is an attorney or paralegal with certified training as a mediator. You each have to pay half the fees in order for the mediator to have the appearance of being unbiased. If you and the mother are civil, consider Bird Nest Custody. In this the child lives in one home and each parent live there for 3-4 weeks, than switch. You live with friends, family, rent a room, etc. on the off time. In this manner, your child’s life is not disrupted. They are not being shifted back and forth. They keep their own room, friends, school, etc. It is hard on the parents, but than the child comes first. This is the form of custody rocker Ted Nugent had.ᵈ If you want to learn how to do all this go to Dads House in Yahoo Groups. Upon joining, you will receive a link to an educational manual that can teach you what you need to know. Take the time to learn what you can and should do.ᵍ *********************************** áµ… Fathers Rights: The Movie http://www.youtube.com/watch?v=ZZkuqnQJVLM ᵇ United States Post Office: Delivery Confirmation http://www.usps.com/send/waystosendmail/extraservices/deliveryconfirmationservice.htm ᶜ Can We Tape http://www.rcfp.org/taping/ ᵈ Bird Nest Custody http://groups.yahoo.com/group/GiveKidsAChoice/ ᵉ Child Support Calculator http://www.alllaw.com/calculators/Childsupport/ ᶠ Child Support Laws - At What Age Does Child Support Stop? http://www.child-support-collections.com/child-support-laws.html ᵍ Dads House http://health.groups.yahoo.com/group/DadsHouse/ Ê° JURISDICTION OVER AN IN UTERO CHILD http://www.hiltonhouse.com/articles/In_Utero_Jurisdiction.txt Other sites to check Fathers & Families http://www.fathersandfamilies.org/ Parental Alienation Syndrome http://www.parentalalienation.org/ http://www.youtube.com/watch?v=PQIXAjC_v50