How Do I Go About Gaining Custody of My Little Brother?

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I am 25-years-old and I currently care for my little brother who is 8-years-old. Our father has been incarcerated and his mother gave up her legal rights as a parent. My father’s rights have also been taken away. Our older brother adopted him to avoid my younger brother from being put into the foster care system. Our older brother however does not have the lifestyle to care for my younger brother (works odd hours, no help for pick up drop off, no interest in extracurricular activities). So for the last 3 years, my brother has been in my care. I have registered him for school, taken him to medical appointments, parent teacher conferences, karate, and everything in between. Our older brother gets a stipend from the state for adopting him and sometimes he gives it to me or sometimes he keeps it. He always claims my younger brother on his taxes and I believe that this is the main reason why he won’t relinquish his custody of my brother. My older brother provides no outside financial support, he never spends time with him, or even calls to check up on him. I have two other children and I am in the Air Force Reserves. My fiancee also works. My question is, how do I go about gaining custody of my little brother? Do you believe I have a good case/chance?

[NOTE: Articles and answers on DearEsq., while written and published by lawyers, do not constitute legal advice, and no attorney-client relationship is formed by your reading of this information. You should always consult with an attorney for any legal situations.]

You may ask your brother to agree to share custody of your younger brother with you. You should get him to sign an agreement that states the terms of the shared custody arrangement and file it with the court.

Alternatively, depending on your state law, you may be able to file a petition for custody by a relative. You can seek full custody or shared custody (physical and legal) with your brother. You will have to sign a declaration which expresses your intent to obtain custody of your younger brother. The court will consider several factors in deciding to grant custody to you such as your financial stability, emotional, and psychological well being as well.

You may want to mention the support that you have provided to your younger brother and how you believe that you would be a better guardian than your older brother.

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Author: House Attorney