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  1. #1

    Default Preparing for a Nasty Custody and Visitation Fight

    My question involves a child custody case from the State of: North Carolina

    My younger brother (16) is about to be subject to a very nasty custody/visitation battle between our mother and father. He's talked about this to me and he really doesn't want to be a part of it. He feels like he is old enough to make his own decision, and I'll agree with him on this particular issue.
    Our father was was a very abusive and aggressive drunk for most of our lives. He has been "sober" for about 2 years now. He is still an aggressive and manipulating man. He is the one pushing this case.
    Our mother is a very nice woman. She wasn't around much as we were growing up. She worked and made the money in the family, as my father refused to work. So she never saw the abuse. She still doesn't know what happened to us, nor will we tell her. It's not something we talk about.
    So what's going on now is both parents are talking to lawyers about my brother. I'm 18 so they can't argue over me. If this continues I'm afraid my brother will go back to being sucidal and want to kill himself again.
    Is it possible for me to gain custody of my brother and have him still live with our mom so I can go to college or woul I have to take off 2 years of college get my own place and have him live with me?

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Brother is About to Be Subjected to a Nasty Custody/Visitation Battle

    The first question is whether an 18 year old can get custody of a 16 year old, when there are two parents within reach, at all.

    I'm not putting any money on that being approved.

  3. #3
    Join Date
    Feb 2011
    Location
    Virginia
    Posts
    604

    Default Re: Brother is About to Be Subjected to a Nasty Custody/Visitation Battle

    Your brother will absolutely not be living with you unless both of your parents agree to it. You will certainly not be granted custody so that you can subsequently drop him with mom and head to college.

    He will likely have his opinion heard, but he will not get to choose. There are some things that are just beyond the perspective of a 16 year old (and an 18 year old, for that matter). Ultimately, a judge will decide. Between your two parents, not between you and your parents.

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