Greetings. Our judges review each child custody case based on the facts presented to them and make a determination of what is in the best interests of the minor child. All of your factors listed would be appropriate to place before the judge as evidence. So, yes, these facts may assist your brother-in-law in seeking custody of his daughter. Best of luck.
Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.