Custody of my Brother

[Col. Burton]

So, my brother pretty much lives at my grandma's house, but my grandmother does not want to get custody of him, because she would need to get a lawyer and all of this bullstuff. What I want to understand is what my father's lawyer would say in defense if my grandmother getting custody of him. He lives here, eats here, sleeps here, and his school transportation is registered to here, in my opinion, my grandmother should get custody no problem. I don't know if my grandmother is just stubborn on doing something, or if there is a real problem that she foresees happening. If you guys could give me some insight on this, I would appreciate it, because i'm tired of hearing this stuff about my grandmother wanting custody but not wanting to do it because of lawyer issues (we don't have enough money to afford one).

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[Evar678]

Well I can't be much help since I was quite young at the time and didn't really 100% understand the situation at the time, but I was subject to a custody change when I was around 10.

As far as I do know without explicitly doing some research on it would be that if both parties agree to a custody change then I don't believe lawyers need to be involved, should just require both parties to sign a few documents stating the details of it and such. Lawyers from both parties would only need to be involved if the party that currently has custody doesn't want to lose custody of the person.

If anything it might be worthwhile to ask your father's lawyer about the conditions for a custody change and whether it would require your grandmother to get a lawyer or not.

I'd take this with a grain of salt until you look more into the topic, but I figure I might as well chime in considering I've been in the situation.

[Pecon]

As far as I do know without explicitly doing some research on it would be that if both parties agree to a custody change then I don't believe lawyers need to be involved, should just require both parties to sign a few documents stating the details of it and such.

Having done this between my parents just a few years ago, I can confirm this is correct. If both parties simply agree to the change of custody, write down their terms on paper and both sign it then they should be completely fine. My stepmother on my father's side was a lawyer and helped me write the terms and I may still have a copy of it, if you'd like it as a template (I would remove all the details from it first of course).

[-Setro-]

i thought he got arrested

[Col. Burton]

Having done this between my parents just a few years ago, I can confirm this is correct. If both parties simply agree to the change of custody, write down their terms on paper and both sign it then they should be completely fine. My stepmother on my father's side was a lawyer and helped me write the terms and I may still have a copy of it, if you'd like it as a template (I would remove all the details from it first of course).

My grandmother does not think my father is willing to just hand over the custody because she wants child support from him (he's a bit of a stingy starfish). My question is, what will my father's lawyer's defense be.
edit: She also doesn't want me to talk to my father about the topic.

[Pecon]

My question is, what will my father's lawyer's defense be.

We need more context. How old is he? Which household does he prefer? What family issues exist? Your father's lawyer would probably try to construct an argument based on some flaw about your grandmother. For example, during cases between my parents my mother was accused of mistreating me because she practiced eastern medicinal techniques, which were not legally recognized at the time as appropriate.

[Col. Burton]

How old is he?

15

Which household does he prefer?

My grandmother's

What family issues exist?

My father's fiance is verbally and sometimes physically abusive, he hates it there, and I did too until I moved out when I turned 18, I live with my grandmother now.

Your father's lawyer would probably try to construct an argument based on some flaw about your grandmother.

I cannot find a legal flaw against my grandmother other than she does not have a job at the time, but my aunt (her daughter) and her boyfriend (my aunt's), who both have jobs, live there. That is their income for the time being.

[Col. Burton]

bump

[Pecon]

If they cannot agree to terms on their own then the case will go to court. In which case, since he is 15 the judge would likely take his own preference of household into great consideration. What you may also want to do is have your brother sign up for counseling at his school (it should be available for free), the counselor would also be able to make a professional opinion stating that your brother would be better off psychologically with your grandmother. Those factors combined should make a pretty solid case in court, and child support would be automatically calculated based on each household's income (By the sounds of it, likely in the favor of your grandmother).