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15yo, soon to be 16yo brother from KY wants to live with us in CT.

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dgasp

Junior Member
What is the name of your state (only U.S. law)? CT

My brother and mother live in KY. He called me 2 weeks ago, and asked to come to visit. We picked him up, and brought him to CT. We then realized how miserable he was in KY, and he said he wants to stay with us. He is 15, will be 16 on 8/20. When he spoke to our mother and told her, she said he was dead to her. He called her back yesterday, to tell her he needs her to sign the guardianship paperwork, so we can enroll him in school. She said she will not. She then said that she is going to get the US Marshall after me for kidnapping. She had our other brother text my little brother and said that if he is not back in KY by tonight, that she will be going to the police to press charges for custodial interference.

She has no job, and they live in terrible conditions. Their house has fleas and roaches. His only enjoyment there, is a dog that is about to die. It is being eaten alive by fleas. She is verbally abusive to him, and he is completely miserable. Since coming to stay with us, we can already see the changes in him, and his happiness. That is all we ant for him, to just be a kid while he can.

What kind of rights do I have as his brother(I'm 28), what kind of rights does he have as a 15yo, soon to be 16yo?

My wife and I want to file for guardianship, but are not sure how or where to do that. We really cannot afford a lawyer to do this. However, we cannot bring ourselves to bring him back.

Any and all help is appreciated. the name of your state (only U.S. law)?
 


TheGeekess

Keeper of the Kraken
What is the name of your state (only U.S. law)? CT

My brother and mother live in KY. He called me 2 weeks ago, and asked to come to visit. We picked him up, and brought him to CT. We then realized how miserable he was in KY, and he said he wants to stay with us. He is 15, will be 16 on 8/20. When he spoke to our mother and told her, she said he was dead to her. He called her back yesterday, to tell her he needs her to sign the guardianship paperwork, so we can enroll him in school. She said she will not. She then said that she is going to get the US Marshall after me for kidnapping. She had our other brother text my little brother and said that if he is not back in KY by tonight, that she will be going to the police to press charges for custodial interference.

She has no job, and they live in terrible conditions. Their house has fleas and roaches. His only enjoyment there, is a dog that is about to die. It is being eaten alive by fleas. She is verbally abusive to him, and he is completely miserable. Since coming to stay with us, we can already see the changes in him, and his happiness. That is all we ant for him, to just be a kid while he can.

What kind of rights do I have as his brother(I'm 28), what kind of rights does he have as a 15yo, soon to be 16yo?

My wife and I want to file for guardianship, but are not sure how or where to do that. We really cannot afford a lawyer to do this. However, we cannot bring ourselves to bring him back.

Any and all help is appreciated. the name of your state (only U.S. law)?
Short answer: None. :cool:

If Mom doesn't agree, then he has to go home. If conditions are so bad at home, then why hasn't CPS/DHS/DHR been contacted? Or the Health Department?
 

Zigner

Senior Member, Non-Attorney
I would suggest that you send the child back to his mother. If you have true concerns for his safety, contact the authorities and report them.


ETA: Yeah, what she said
 

Just Blue

Senior Member
What is the name of your state (only U.S. law)? CT

My brother and mother live in KY. He called me 2 weeks ago, and asked to come to visit. We picked him up, and brought him to CT. We then realized how miserable he was in KY, and he said he wants to stay with us. He is 15, will be 16 on 8/20. When he spoke to our mother and told her, she said he was dead to her. He called her back yesterday, to tell her he needs her to sign the guardianship paperwork, so we can enroll him in school. She said she will not. She then said that she is going to get the US Marshall after me for kidnapping. She had our other brother text my little brother and said that if he is not back in KY by tonight, that she will be going to the police to press charges for custodial interference.

She has no job, and they live in terrible conditions. Their house has fleas and roaches. His only enjoyment there, is a dog that is about to die. It is being eaten alive by fleas. She is verbally abusive to him, and he is completely miserable. Since coming to stay with us, we can already see the changes in him, and his happiness. That is all we ant for him, to just be a kid while he can.

What kind of rights do I have as his brother(I'm 28), what kind of rights does he have as a 15yo, soon to be 16yo?

My wife and I want to file for guardianship, but are not sure how or where to do that. We really cannot afford a lawyer to do this. However, we cannot bring ourselves to bring him back.

Any and all help is appreciated. the name of your state (only U.S. law)?
1. This is a KY issue/
2. Per law what you did IS illegal.
3. You need to hire a criminal attorney to assist in KY for the likely CRIMINAL CASE.

ETA:
4. This is not a Juvi Law issue. If should have been posted on Criminal Law, Other Crimes.
 
Last edited:

Zigner

Senior Member, Non-Attorney
I have to wonder why the OP would make the CHILD communicate all of these things with the parent.
 

TheGeekess

Keeper of the Kraken
Kentucky Revised Statutes: 509.070 CUSTODIAL INTERFERENCE

(1) A person is guilty of custodial interference when, knowing that he has no legal right to do so, he takes, entices or keeps from lawful custody any mentally disabled or other person entrusted by authority of law to the custody of another person or to an institution.

(2) It is a defense to custodial interference that the person taken from lawful custody was returned by the defendant voluntarily and before arrest or the issuance of a warrant for arrest.
(3) Custodial interference is a Class D felony unless the person taken from lawful custody is returned voluntarily by the defendant.
http://www.lrc.ky.gov/Statutes/statute.aspx?id=19754
 

dgasp

Junior Member
I have to wonder why the OP would make the CHILD communicate all of these things with the parent.
I offered to call her. He said that he wanted to be the one to talk to her. She and I haven't spoken in years. I was completely willing to communicate with her on his behalf though.
 

Ohiogal

Queen Bee
I offered to call her. He said that he wanted to be the one to talk to her. She and I haven't spoken in years. I was completely willing to communicate with her on his behalf though.
It doesn't matter. You can be arrested for custodial interference. You either return your brother and possibly face felony charges with your wife. You have no rights to your brother. NONE.
 

dgasp

Junior Member
Short answer: None. :cool:

If Mom doesn't agree, then he has to go home. If conditions are so bad at home, then why hasn't CPS/DHS/DHR been contacted? Or the Health Department?
Unfortunately, I didn't realize the living conditions were that bad, until we were able to spend some time with him. I just want what is best for him, and I really don't believe it is with her.
 

cbg

I'm a Northern Girl
Then you need to go through the proper channels. Call CPS. Call the Health Department. Get the authorities involved.
 

Ohiogal

Queen Bee
Unfortunately, I didn't realize the living conditions were that bad, until we were able to spend some time with him. I just want what is best for him, and I really don't believe it is with her.
Doesn't matter what you think. This is not a best interest issue. You have to prove her and dad are BOTH unfit before you have a chance of arguing best interest. And you have not mentioned anything that says unfit.
 

Zigner

Senior Member, Non-Attorney
I offered to call her. He said that he wanted to be the one to talk to her. She and I haven't spoken in years. I was completely willing to communicate with her on his behalf though.
Oh, so now you transported a run-away across state lines. Fantastic
 

dgasp

Junior Member
OP= sackless.:(
I turned to this forum for help, as I really didn't know what to do. THANK YOU to those that were genuinely helpful. For those of you who are just looking to make a joke out of a situation, and be disrespectful, you may want to consider your role on this forum. Maybe consider joining a teen chat room.
 

Ohiogal

Queen Bee
I turned to this forum for help, as I really didn't know what to do. THANK YOU to those that were genuinely helpful. For those of you who are just looking to make a joke out of a situation, and be disrespectful, you may want to consider your role on this forum. Maybe consider joining a teen chat room.
If your brother is so mature and capable, why hasn't he given the dog a bath? Cleaned the house? Done something other than running away (which quite frankly can find him being placed in juvenile detention)? Why hasn't he acted mature? Why hasn't he been capable?
 

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