Help! Trying to gain custody of my brother!?

Question

This is for my friend. Her parents have been divorced for a for a few years. Her mother went off and decided to have another child. She doesn't take care of him and is always with men partying and doing other things. Is there anyway she could possibly go to court and try to gain custody for her brother. My friend is 15 and lives with her grandmother. She want to get custody of her brother so she can take care of him. Please only serious answers not interested in any rude comments! Thanks :)

*** Also her mother does have a steady working job.

Anonymous · Accepted Answer

It's doubtful . . the father would have the first crack at it . . then the grandmother . . but not a 15 yr old . . . you would have to prove an abusive, unstable household where the child is at risk . . or is neglected and without supervision . . . it could be done, but wouldn't be easy at all . . you can't imaging all the abusive neglectful parents running around ruining their children while on welfare . . it would make your eyes pop . . the fact that the mother works makes it even a harder issue

If the child is left unnattended or neglected, or if there is abuse . . grandma has a chance . .

Mark S · Answer

If your friend is under 18 (ie a minor) she can't gain custody of her brother.  The best thing she can do is talk to her grandmother and the courts.  Prove to the courts that the mother is unable to take care of the child as well as not doing so, and prove that her and the grandmother are capable of doing so.  Or wait until 18 and prove it to the court and then take the child.  

Sorry I know this is the best help I can provide.  I know its hypocritical that a 15 year old can have a baby, but she can't take her brother, that is how the courts work.  Aside from getting CPS involved (and the possibility of having him not go to the family) there isn't much else she can do.

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Help! Trying to gain custody of my brother!?

2 Answers