Should I Be Worried

[johnnyonthespot]

My question involves guardianship in the State of: Georgia


Here's the deal, i'm 26 years old and i have guardianship of my 12 year old brother. My mother passed away in September 08 she was still married to my father which pretty much abandoned us in 2002. When my mother passed i immediately filed for guardianship and got it approved by the court. My step dad rarely keeps in touch, he would send a couple of hundred dollars every few months or so but never made an attempt to visit his family, i took care of 90% of my mother's bills and provided for her and my brother. Now that my mother passed he won't help me at all financially, i submitted my application for child support today. He's now threatening to take me to court for custody battle, should i be too concerned? Here's a little background on the dad

- dishonorably discharged from the military for drug abuse
- 3 DUI's
- domestic abuse (used to beat my mother)
- Tax evasion
- He lives with his mom in a 2 bedroom house (where would my brother sleep?)
- Never filled his financial obligations

So now we have the father whose trying to get my brother back because i filed for child support but was pretty much a stranger to all us for the past 7 years, even my little brother doesn't really know him, he told me would rather live with me, would that hold up in court? I'm financially stable, have a nice house, i take good care of my brother etc. etc. Does the father have a big chance at getting him back?


Sorry for making this so long, thanks.

[M'sta Mikey]

Chances are slim that he would prevail with custody but you honestly never know.

You need to consult with an attorney to view your options and how best to protect yourself and your brother.

[johnnyonthespot]

Anyone else have more advice? If a lawyer was an option i wouldn't be on here right now.

[Mr. Knowitall]

Advice as to what? We're not psychics, and you've already been given an assessment of the odds.

[johnnyonthespot]

Advice as to what? We're not psychics, and you've already been given an assessment of the odds.

Well if my brother says he would rather live with me than his dad in court, does that hold any weight? Considering he's only 12 years old, or will the judge just take it as a kid that doesn't know what he's talking about. Poor kid has already been through enough by losing our mom, i don't want him to go through something like this.

[cyjeff]

I am going to assume that you are talking about filing for child support from dad and not from step dad, right?