How would i go about getting custody for my younger brother

[KevRojas]

What is the name of your state (only U.S. law)? New Mexico

Me my brother and sister and mother use to live in Dallas Texas. and my mother left me and my two other siblings alone with our aunt due to not being able to handle living with our aunt. Me my brother and sister lived with our aunt for almost a whole year my sister(18) is her own guardian, my brother is (15). i moved to New Mexico for work and have a full time job making around 20k a year, my mother moved to New Mexico as well and took my brother back with her just recently my mother was talking about moving into a shelter because she is having problems with who she is living with. My brother wishes to go with me but my mother wont allow it, in Texas she had problems with pills, talking about killing herself all the time, my mother would drink and drive with my two younger siblings, my mother has had abusive boyfriends/drug dealer BF as well. My mother doesnt work, is illegal and soon enough without a home. I am 20 i have my own place, stable and responsible. My brothers father is not in the picture i should mention me and my siblings each have different fathers. Im i out of luck?
Also i just recently went to him and told him if he wanted to come with me or stay with her he chose to come with me and should wouldnt let him i didnt touch her, hit her, yell at her. my brother came with me and i just found out that my mother called the cops on me for kidnapping my brother and hitting my mother. Is what i did justified as kidnapping and what should i do?

 

[Silverplum]

What is the name of your state (only U.S. law)? New Mexico

We use to live in Dallas Texas. and she left me and my two other siblings alone with our aunt due to not being able to handle living with our aunt. we lived with our aunt for almost a whole year my sister(18) she is her own guardian, my brother is (15). i moved to New Mexico for work and have a full time job making around 20k a year, she moved to New Mexico as well and took my brother back with her just recently she was talking about moving into a shelter because she is having problems with who she is living with. My brother wishes to go with me but she wont allow it, in Texas she had problems with pills, talking about killing herself all the time, she would drink and drive with my two younger siblings, she has had abusive boyfriends/drug dealer BF as well. She doesn't work, she is illegal and may or may not have a home soon. I am 20, have my own place. Is there anything i could do to get him or im i out of luck?

Start here: http://cyfd.org/contact-us. These are the people who have authority to help your brother.

 

[Isis1]

where is the father of your brother?

 

[single317dad]

OP, can you please clean up your post by replacing the ambiguous pronouns with a more descriptive name of the party (i.e., replace "she" with "mother", "sister", or "aunt" where appropriate). No need to use real names; just a specific identifier would help a lot. Thanks!

Edit: Thanks for cleaning that up! Your post makes a lot more sense now.

I think you should return your brother to his home. Your mother (and possibly the boy's father) are the only people with any right to decide where his home is.

Your brother may be removed from the home if immigration or child services were to investigate, but even if he is removed there is no guarantee that he would be placed with you. If your mother is deported, your brother may stay with her or could end up in state custody.

I think you should offer your mother as much assistance as possible during these last few years of your brother's minority until he can reach the age of 18 and decide where he would like to live. If you believe your brother is in immediate danger, you should contact child services.

 

[KevRojas]

as of now

As of now my younger brother doesn't want to live with our mother, Our mother isn't allowing him to see me our our uncle.
Our mother put a restraining order on me i already called CPS and filled a report. My other question is our mother called the cops
they were looking for me i dont know if they are still, Should i go to the police station and tell them the truth or would me going to the police station be a bad idea?

 

[Zigner]

As of now my younger brother doesn't want to live with our mother, Our mother isn't allowing him to see me our our uncle.
Our mother put a restraining order on me i already called CPS and filled a report. My other question is our mother called the cops
they were looking for me i dont know if they are still, Should i go to the police station and tell them the truth or would me going to the police station be a bad idea?

I would suggest that you cease contact with the woman and her child lest you end up in jail.

 

[single317dad]

As of now my younger brother doesn't want to live with our mother, Our mother isn't allowing him to see me our our uncle.
Our mother put a restraining order on me i already called CPS and filled a report. My other question is our mother called the cops
they were looking for me i dont know if they are still, Should i go to the police station and tell them the truth or would me going to the police station be a bad idea?

Do you still have your brother?

If the police are looking for you, then you need to find an attorney, probably a criminal defense attorney from the sounds of things.

 

[dannyt]

As of now my younger brother doesn't want to live with our mother, Our mother isn't allowing him to see me our our uncle.
Our mother put a restraining order on me i already called CPS and filled a report. My other question is our mother called the cops
they were looking for me i dont know if they are still, Should i go to the police station and tell them the truth or would me going to the police station be a bad idea?

as long as your brother is one second under 18 its not his decision to make-he lives where mom tells him to live. neither you or your uncle have any rights to see him. the only thing you can do is make nice with mom she has 100 percent control who has contact with her son untill hes 18, if mom wants him home he goes home, if you dont send him you can face charges of custodial interference.

 

[Isis1]

OP, i hope by now you have returned your brother to his mother.

you gave no legal right to remove your brother from his home. this is NOT something that should be done by someone with NO legal rights.

if your mother is not capable of providing a roof over your brother's head, the correct services such as social services should have been called. they will look into the matter.

your brother sounds like he is manipulating you. i have teens, they do it all the time.

 

[KevRojas]

Sorry didn't respond

Sorry i haven't responded I've been working alot, and no i do not have my brother anymore. My brother went back with our mother the next day when the cops were involved i didn't talk to the cops myself but they told my uncle that our mother put a restraining order on me and if i get near him ill be put in jail, but i don't know if i should talk to the cops because im under the assumption that if i go to talk to them they'll arrest me on the spot.

 

[dannyt]

no

Sorry i haven't responded I've been working alot, and no i do not have my brother anymore. My brother went back with our mother the next day when the cops were involved i didn't talk to the cops myself but they told my uncle that our mother put a restraining order on me and if i get near him ill be put in jail, but i don't know if i should talk to the cops because im under the assumption that if i go to talk to them they'll arrest me on the spot.

no you will be arrested if you contact your brother in any way shape or form(phone, email etc). same if your brother contacts you. best to abide by mom's wishes and stay away from her minor son.

 

[Just Blue]

Sorry i haven't responded I've been working alot, and no i do not have my brother anymore. My brother went back with our mother the next day when the cops were involved i didn't talk to the cops myself but they told my uncle that our mother put a restraining order on me and if i get near him ill be put in jail, but i don't know if i should talk to the cops because im under the assumption that if i go to talk to them they'll arrest me on the spot.

You were advised to have an attorney go with you to the police department to clear this matter up. Or you can wonder for months...years...if the police will arrest you. Your call.

BTW. Ignor Dannyt. S/he/it is our forum troll.