If my moms dies, i want custody of my 5 yr old brother. I'm 19?

Question

My father was put in jail for child abuse. I called child services on him when i was 16.

When my youngest brother was born, my mom had a heart attack and had to stay in the hospital for months. In that time (my father was still living with us cause i was 15) i raised "Josh" by myself. I named him, got up with him every 2 hours, hes my godsonHe's like a son to me.

Accidents happen every day. My mom is 50 now, and i'm afraid that if anything happens to her, either one of my aunts or uncles will take Josh or worse, they'd let my spermdonor (father) take him.

Does anyone how/what to do? Can i make some kind of legal agreement with my mom saying if anything happens to him i get custody? How would i bring such a sensitive subject up to my mom (its not like i want her to ever die, but this is life). I may only be 19, but i assure you, i'm 19 going on 30. i have lived on my own since ive got a good head on my shoulders.

Any info would be greatly appreciated

P.S my mom & i are VERY close for those of you wondering. We trust each other with the world..i dont think she would look down on the idea of me caring for him, it just seems like a depressing topic to talk about and i want to make sure (legally) we could do this considering his "father" is still alive

Answer 1

Talk to your mom ,maybe she wants to talk to you about the same thing but does not want to bring it up for the same reasons you don't.She should be very proud of you
for wanting to take on the responsibility.I'm sorry I don't
have any legal info .All the Best

Answer 2

If your brothers father was put in jail because of the child abuse your custody battle with him would be practically non existant. The battle with his parents or your mothers parents-not that they would would be greater. Most likely if they are older it is not much of a fight and generally those who make arrangements for visitation go fairly smoothly. If your mom arranged a Power of Attorney- Custody arrangement for you to take care of your brother and she is already in court the sole custodian of the child that will usually stand up pretty well in court. Legal advise from your local attorney os that best advise you can get. Usually you can get a free consulation of a first meeting for $50, but if your baby brother is really that important what is $50 bucks? Good Luck, I feel for you.

Answer 3

Normally, when one parent dies the remaining parent automatically receives custody, unless they are shown to be unfit in some manner. In this case if Dad was convicted of child abuse (not merely accused) then it could be easily argued that he’s unfit. But, even in that case, it does not necessarily mean that you would receive custody.

Your mother can state in her will who she would like to receive custody/guardianship, but the judge is not required to abide by her wishes. Normally, they try to, but they don't have to. So, if the judge feels, for whatever reason, that you would not make the best guardian/some other family member would make a better one, then…

EDITED TO ADD:
People, you cannot 'will' children. You can only will property. Children are not property. All Mom can do is state her wishes in the will, and you can hope that the judge abides by them. But if Dad wants custoday and is not proven to be unfit (again, was he convicted or just accused?) then he's first in line.

Mom needs to discuss it with a local attorney.

Answer 4

Your mom can sign a legal paper stating that your little brother is to live with you should anything happen to her. 50 isn't all that old, but you're right "accidents happen every day". If I were her, I would be on board with it.

Bring it up to her in a very casual, relaxed manner. Tell her it's something you've been thinking about for a long time now and would feel better if something were signed, "just in case". It is his welfare you are concerned with, after all.

Answer 5

Your mom should decide who she wants to raise your brother if need be. She can consult of Lawyer to give power of attorney and other rights for your brother. Becareful because you can have a fight a head of you. Espicially since a great deal of money could be involved including social security for many years and any kind of pension, 401k , and insurance monies. This is a serious matter that you and your mother should go over. You should not be shy about this topic.

Answer 6

what a lovely caring person you are, after all you went through in your early life with your father. I am sure you will be able to approach the subject with your mother, you could say "what if your father comes back into your lives" but I am sure that YOU will get custody and he will need YOU if anything happened to your mother. but try and talk to her it might be worrying her as well and maybe she could put something in writing. I assume you work as this puts more credit to you. good luck

Answer 7

as hard as it maybe you need to sit don and talk with your mom. what does she want. she then can make a livng will and designate a guardian for your brother if there comes atime that she can no longer provide for him even if she were to get sick again. chances are he wont go to your father but you never know. document everything on him. does he see your brother? keep records in case you do have to go to court. i hate yo say this but in the end it is up to your mother where he goes. and if she doesn't make a living will and appoint guardian for your brother he will probably go to a more " mature " adult. who has more expetience and can provide for him. good luck

Answer 8

All you need to do is partition for custody and show the reasons you have given here. The court should give you the custody with little trouble.

Answer 9

Express your concern with your mother and see if she will drawl up a will that states that the custody of the minor mentioned will go to you. You are a leagel adult.

Answer 10

You need to have your mother put in her will that you are to have custody of your brother.. Good luck to you and unless your mother is unhealty, she should be here for quite a few more years.