My question involves a child custody case from the State of: Texas
My Brother's wife just passed. The "suspected" bio-father has not been around in the entire 10 years of the child's life. He refused to pay child support, denied the child, is not on the birth certificate, and has no valid proof that he is the father of the child. The stepfather, my brother, has been in the child's life since the day he was born. The child is now ten years old. So here's the deal the bio-father found out that the mother passed and went to the grandmother's house and started asking to see the child. The grandmother said ok and let the child go with the bio-father. The child, the only one with some type of sense, called my brother to get out of going. The bio-father took the child and refuse to return him. My questions are...
Until the Bio-father can prove he is the father isn't this kidnapping?
Who has legal custody right now the Stepfather or grandmother?
If or once the bio-father is proven to be the dad is there anything that my brother can do to keep the child?