Custody question....mom died, dad doesn't really know son, grandparents want custody?

Question

Ok, My mom recently passed away and now my younger brothers dad wants custody. The thing is that he has been living with my grandparents for over 5 years bc my mom wasn't mentally well enough to take him. He could have at any time tried to get custody of him but instead has only seen him for about 1 1/2 months every other year since he was 9. He is now 15. Now that my mom has passed and he wouldnt have to pay child support and would get money from the government instead, he has all of a sudden become very interested in his son? So what are his chances of winning? My brother doesnt know him, his other brothers, grandparents, nothing. and they live on the other side of the country. (we are in SC they are in UT) So he would basically be going to a family he doesnt even know and having basically no contact with anything familiar to him. I just want to know really what are the chances that we could win?

Answer 1

Let me express my sorrow for the loss of your mother. In order for your younger brother to have a say in who he lives with and where, he must be 16 years of age. Have your grandparents have been taking care of him for five years with the help of your mother? If not, your grandparents may have a good case. If you guys end up in court with a lengthy and brutal battle of custody, have your grandparent and yourself (most liking your brother wont testify, but if he does) tell the judge the same thing you told us right here. If your brother turns 16 during the custody battle, he then can testify and have a say where he lives. Your father could sign over parental rights, and be off the hook as far as paying child support, or have parental rights along with visitation and paying child support. I am sorry again for this battle you all and dealing with and the loss of your mother. I hope everything works out in they want you want it to in the end.

Answer 2

If your grandparents get a good attorney, they should be able to win this one. In most states, 15 is old enough for a minor to have some input as well. So, unless your brother decides he wants to go with his Dad, it's probably a slam-dunk.

Answer 3

In alot of states you get to choose who you want to live with at age 14.

So you might want to check into the age there.

I know in ohio and kentucky it's 14.

I've been in this situation.

Answer 4

Grandmom can settle this in family court..keeping him with full custody..and if your the dad wants him, he can go to court for full custody, but the grandmom and the dad can take care of this in court