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does my little brother have the right to say who he wants to live with

my mother just passed away and my little brother wants to live with me and his father had no problem with it and went to the school and signed an affidavit saying he was living with me and me boyfriend but know he is trying to make my brother live with him my little brother is 16 and in December will be 17 we are trying to get guardianship of him but don't have the money for it right now

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Asked by Anonymous at 12:55 AM on Sep. 26, 2010 in General Parenting

Answers (8)
  • I would guess your brother has a choice, but there are many variables. Maybe you could call a free legal help number and get some info. Or use a free consultation with a family law lawyer.

    Answer by blessedwithree at 12:58 AM on Sep. 26, 2010

  • At his age, the court would let him decide. As long as you are a fit, above 18, adult, they will let him stay with you. YOu could even file for child support if it went to court.

    Answer by dancinintherain at 12:59 AM on Sep. 26, 2010

  • he can come live with you if he wants, but as for guardianship you should find a District attorney thru the family law courts in your county, most likely will be sliding scale or free.

    Answer by DomoniqueWS at 1:01 AM on Sep. 26, 2010

  • First, Im so sorry your mother passed away. Now, why doesnt he want to live with dad? Thats a really important question and one that you need to think about. Is brother a good kid, is he trust worthy? Or does he want to get away from dad for the freedom? I know you want to help your brother, but make sure you are doing it for the right reasons here. Are you truly ready to be a guardian to this teen? What about your bf, is he truly ready to be a guardian to this teen? I know Ive asked more questions then I answered but I think its important for you to take everything into consideration here.

    Answer by beyondhopes at 1:03 AM on Sep. 26, 2010

  • he don't want to live with his dad because his dad has not been in his life for over a year and he is a good kid he has been sheltered but his father has a record and my brother has seen and heard how his father treats the family i don't think it's for the freedom i think it's because he and the family have been treated poorly by his father and for us being ready we have 2 boys we both work so i know we can handle him he looks up to my bf

    Answer by angeleyez420 at 1:18 AM on Sep. 26, 2010

  • He can sign his rights over to you.. I signed mine around 11 or 12 to my dad... All my dad had to do was take me up to his lawyer and I talked to the lawyer by myself.. and told him my decision. But some states are different - a lawyer or judge or someone that knows the state laws on that are the only ones who can tell you for sure what all you need to do.

    I hope everything works out for the best! GL!

    Answer by ajc88 at 4:08 AM on Sep. 26, 2010

  • Sorry to hear about your loss! I'd tell you to go to Children's service but you might risk them taking him out of the home all together and stuck in foster care for the next two years. Find a lawyer who deals with this. You want to talk to someone who knows what their doing. You could go to the court house and ask if they know a lawyer. Also ask what forms He needs to fill out to be emancipated at 16. Don't spend too long waiting. If your Dad is as mean as you say, he could call it in that your brother ran away and you guys were hiding him. You both could get arrested and your children with Children Services until the truth was proven. Also, you can go on-line and see if there is a website with free legal advice for your area/ State. Any promises your dad makes, get it in writing. Its the only thing that holds up in court. With He said/ she said, usually the parent wins. Must prove he can support himself. Hope this helps!

    Answer by Prayerpartner at 4:57 AM on Sep. 26, 2010

  • Yes at age 16he should have a say

    Answer by Roadfamily6now at 1:00 PM on Sep. 26, 2010

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