You can file for it. Whether or not it would be granted would be up to the court. What constitutes abandonment varies from location to location and any extenuating circumstances would be considered. Also the father would be located and given time to file an objection to your petition.
What do I do when my sons father hasn't been there for my sons in over 11 years and now wants custody?
Katherine reportedly left the state for over a week and didn't have contact with the kids. As she was their legal guardian part of her duty is to be in regular contact with them. Michael's nephew TJ looked after them whilst she was away and now has temporary custody.
Guardianship, provided father does not have First Right of Refusal. Even without it, he can file a challenge for custody.
How often is the father awarded custody of the child over the mother in North Carolina?
Not if custody is the only issue, but he's not obligated if there's no court order clarifying contact. See links
Depends on the state.
This would be decided in court. Other family members (grandparents, aunt & uncles, etc.) could also petition for custody.
He provides the stepparent a Power of Attorney over the children. For support, contact the group below
No he does not.
If the father has legal custody the child should live with him. What does the custody agreement say?
No. The biological father have rights. Unless the court find him unfit to have custody then there might be a chance.
No. Legal custody must be established by a court order.