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My name is***** am 28 yrs old and I'm very concerned

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and scared for my brother...
My name is***** am 28 yrs old and I'm very concerned and scared for my brother Devin's well being. He will he 13 in Nov and our mother passed away almost 5 yrs ago. He lives with his Dad, and his Dad has been on crystal meth And is putting Devin in a very dangerous environment. His dad also has his girlfriend living with him who is also on meth. Devin has told me that he has Witnessed them doing the drugs and physical abuse. Devin has told his Dad and my sister and me that he doesn't want to live with him anymore. Devin is very depressed and I feel like he is suicidal. Can I get custody of my brother and if so how do I need to go about it? This is a very serious situation
Submitted: 2 years ago.Category: Family Law
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7/1/2015
Family Lawyer: Roger, Attorney replied 2 years ago
Roger
Roger, Attorney
Category: Family Law
Satisfied Customers: 31,949
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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Hi - my name is ***** ***** I'll be glad to assist. It is possible for you to file a petition for legal guardianship of the child and to seek to remove the child from his father's custody. But, it would be difficult to achieve unless you have proof that he is unfit. Because of that, you may want to contact child services and report his actions to them and have an investigation performed. If they find that he is ding drugs and conducting other improper activity or is proven to be unfit, that would help you very much in your attempt to take custody/guardianship.
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Customer reply replied 2 years ago
I am scared to report this to dhs because Devin does not need to be put in foster care. The judicial system Is beyond messed up and I don't trust them to do their job. But I do know for a fact that if they spoke with my brother and even just looked at how he has to live they would take him, but I'm scared they will put him in foster care. I have been in foster care myself and its not good.. Can Devin not choose who he wants to live with became he will be 13 in Nov?
Family Lawyer: Roger, Attorney replied 2 years ago
It's not likely he would be placed in foster care if you're there and willing to take custody of him. As for the child choosing, he has no legal right to determine or decide who he lived with. He can tell the judge his preference, but that's it. A minor never has the right to choose, but the older the child is, the more weight the preference carries.
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Customer reply replied 2 years ago
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Customer reply replied 2 years ago
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Family Lawyer: Roger, Attorney replied 2 years ago
Thanks for your request for additional services. I sent you an offer, and if you accept, I'll give you a call in the morning....you can send me you number in the message box below. Thanks.
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Customer reply replied 2 years ago
I can't afford a call. But what do I need to be able to get custody of my brother? Do my husband and I have to own our own home? We have been renting this house for almost 3 yrs now. Do we need to have more than one vehicle? My husband and I have been together for 11 yrs and my husband has been known my brother since he was born.. What's steps do I need to take to get custody of my brother other than proving his father unfit, because that won't be a problem at all... And is there anyway I could get him therapy even if he is in his dads custody?
Family Lawyer: Roger, Attorney replied 2 years ago
There is no set criteria or requirements to be eligible. Instead, the main and only real factor is for the court to do whatever is in the best interest of the child......as long as that is done, the court has acted properly.
Of course, you're going to have to prove that you can care for the child, provide housing, food, etc.....you can also seek child support from both parents to aid in the expense of caring for the child.
It would likely be a good idea to get CPS involved and have them be your cheerleader for custody. IF they endorse you to be the guardian and they claim that it is in the child's best interest to be with you, then you've got a good position.
As for therapy, you likely can't require/force that without the father's permission/consent.
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Family Lawyer: Roger, Attorney replied 2 years ago
Please let me know if you need anything further. Also, please take time to positively rate our conversation so I may receive credit for assisting. Thanks again!
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Roger
Roger, Attorney
Category: Family Law
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