Mother died and now father wants his child. But child wants to live with family friend. Child does not know his father

Asked over 2 years ago - Charlotte, NC

When mother was alive the father never attempted to get custody of child, he told mother he did not want child. Now that mother has died, he see's a pay out. The child wants to live with a family friend who he calls mom sometimes. Child says he does not want to live with father and family friend is filing for non parental custody and emergency custody. Father is threatening to come get his child. Father lives in one state while the child lived in another. Father has never been stable but claims to be stable now.

Attorney answers (1)

  1. Mary Katherine Brown


    Contributor Level 20

    Answered . The biological father has a presumptive right to be the custodial parent. It is very difficult to fight biology, but it is possible. To do so, you will need a very good attorney and a large war chest. If the child is mature, the child's wishes may be considered, which would help. Good luck!

    IMPORTANT LEGAL NOTICE: Ms. Brown’s response to the question above is not legal advice and it does not create an... more

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