Family Law Questions? Ask a Family Lawyer Online.
Dear JACUSTOMER - Your brother does not have to wait. He can file a motion for a change of custody right now and probably should have before this. He can also file a motion to suspend child support immediately until the custody matter is decided. The court decides custody based on the best interest in the child and not whether the child has been abandoned although that would certainly be a factor.
The child support can only be stopped by the court so your brother has to file the motion with the court that ordered the support.