custody battle mother vs sister

[walktl26]

ok I am a 21 year old female from wisconsin my father recently passed away extremely unexceptly. My mother was living in SC and found out that my father passed away and since has moved back to wisconsin. I was attending college in wisconsin but since have moved back to live with my brother in my father's home. My parents have been divorced since 1995 and during that time my mother had little to no contact with either of us children. My father recieved sole custody of us kids as my mother was mentally unstable. Well now she thinks there is money involved in my father's death and now is out for it by trying to get custody of my brother from me. My brother is 15 and is able to make is own decision as to where he wants to live although i am scared that she still might get him even though he wants to live with me. What are my chances that she could take him from me and even though if i get custody of my brother and he recieves social security do you think i can still go after her for child support if she is working. Also she will be recieving money from my father's 401K and retirement as stated in the divorce is there anyway I can go after her and get any of that money?

Sincerely,
Extremely Worried!!!

 

[deefran]

In this case you would have to prove your Mother to be unfit to care for your brother. In most cases when one parent dies, custody is given to the other parent. In your Mother's case it may not be so cut and dry, as she has past history of being mentally unstable, but the courts can most likely order an evaluation.