a friend of mine passed away last week and she has 3 boys. 15, 16 & 25. their father was not a part of their lives and still owed back child support. The father came & took the two younger boys when the older boy wants full custody and has the means to take care of them. The younger boys also want to stay with their older brother. They are good kids, great students and athletes. never been in trouble. What would they have to do? They don't have money but they have a lot of love.
2 Answers from Attorneys
The older boy would have to petition the court for custody.
Child support is a separate issue. Parents are their children's legal guardians. To defeat custody by a parent, there has to be strong evidence that being with the parent/legal guardian is against the best interest of the child and does not violate the parent's constitutional rights. In this case, unless the father is really "unfit," it sounds like a tough battle.