My brother is 8 and the only reason he wasn't with my father was because when my mom left six years ago she took him with her and went out of state (which my dad knows now he shouldn't have let happen) and left me with my dad. Neither my dad nor her had any papers saying they had custody of my brother or myself. There was never any abuse on my fathers part. For the past 4 years my mom was living with my grandmother so in turn so was my brother. We've also heard she's got some type of paper (non-legal) that supposedly my mom signed saying she wanted Nicky (my brother) to live with my grandmother. The way I'm thinking is though this wont hold up in court because my mother never ha physical custody of my brother to begin with. Am I right thinking like that?