What is the name of your state?California
My mother and I own a house together, and my brother lives there too. My mother and father have been separated for a year and nine months now, and he lives 30 minutes away in another town.
My mother has cancer, and even though she's in remission, her future still hangs in the balance.
So my question: If my mother were to succumb to her cancer (god forbid) my brother would automatically go to my father. I know that. But could I make a case for custody?
If my father were to gain and retain custody of my 14 yr old brother, brother would have to move, switch schools (high school), and pretty much uproot the rest of his life. In addition (while they have a good relationship now) my father was very abusive to the two of us (non-violent to brother).
Could I gain custody of my brother in his best interest? I am amicable to brother and father continuing their relationship, that's no problem, but if my father retained custody of him, he wouldn't see me for four years.
If it would make any difference to the court system, the portion of home that my mother owns now would become my brother's upon her death, and I have a college fund set up for him. I already ferry him around everywhere and am attuned to what he needs. I can easily support him, and I think that he would much prefer remaining with me.
Would a letter from my mom stating her preference of my brother's living situation be taken into consideration? I know kids can't be "willed" but would it sway a Judge's opinion?
I'm 22yrs old, is that too young by a court's standards? or old enough?
I have friends of the family (mid-50's active members in the community) who would support me in this endeavor. Would vouching for me make any difference?
Thank you, You've been very helpful with previous inquiries, jabs and all! I just need to know what I need to do to prepare for this... I don't want to be asking these questions after the fact and get a, "Well if your mother was still alive she could have..."
Please help me to prepare for the best interests of my family.
Gryn
My mother and I own a house together, and my brother lives there too. My mother and father have been separated for a year and nine months now, and he lives 30 minutes away in another town.
My mother has cancer, and even though she's in remission, her future still hangs in the balance.
So my question: If my mother were to succumb to her cancer (god forbid) my brother would automatically go to my father. I know that. But could I make a case for custody?
If my father were to gain and retain custody of my 14 yr old brother, brother would have to move, switch schools (high school), and pretty much uproot the rest of his life. In addition (while they have a good relationship now) my father was very abusive to the two of us (non-violent to brother).
Could I gain custody of my brother in his best interest? I am amicable to brother and father continuing their relationship, that's no problem, but if my father retained custody of him, he wouldn't see me for four years.
If it would make any difference to the court system, the portion of home that my mother owns now would become my brother's upon her death, and I have a college fund set up for him. I already ferry him around everywhere and am attuned to what he needs. I can easily support him, and I think that he would much prefer remaining with me.
Would a letter from my mom stating her preference of my brother's living situation be taken into consideration? I know kids can't be "willed" but would it sway a Judge's opinion?
I'm 22yrs old, is that too young by a court's standards? or old enough?
I have friends of the family (mid-50's active members in the community) who would support me in this endeavor. Would vouching for me make any difference?
Thank you, You've been very helpful with previous inquiries, jabs and all! I just need to know what I need to do to prepare for this... I don't want to be asking these questions after the fact and get a, "Well if your mother was still alive she could have..."
Please help me to prepare for the best interests of my family.
Gryn
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