Please help me help my little brother!

NO YOU R WRONG IT DEPENDS ON THE STATES LAW. IN NY WHEN YOU ARE 12 YOU DECIDE WHERE YOU WANT TO LIVE AND IF THEY CAN SUPPORT YOU THERE AND WANT YOU THEN YOU LIVE THERE. IF NOT THEN YOU STAY WHERE YOU ARE UNLESS THERE ARE CURCUMSTANCES INVOLVED, THEN THE CHILD ADVOCATE DECIDES AND THE COURT GOES FROM THEIR..... JUST TELL THE LAWYER YOUR SIDE AND HAVE HIM SPEAK WITH THE ADVOCATE FOR THE CHILD! YOU'LL GET HIM.... BECAUSE IT SOUNDS LIKE HE WILL BE SAFER, AND HAPPIER WITH YOU! AND THAT'S WHAT THE COURT LOOKS AT!

[tbyte]

No, you are wrong. No court in the Nation allows a 12 year old child to decide which parent they want to live with. They will consider the child's preferences, but that is all.
Please cite a New York statute or case that supports your statement.

Here in Texas at 12 they will start listening to the child but it is not absolute.

Just fyi.

[loved08]

hi. wow. there are MANY issues w/ this. 1st we need more info. does the father (your dad as well...step or bio?) um...what about custody? joint? full? summer visits? etc etc.
how long as he lived w/ her? how about the step father? is ANY abuse documented? check out the laws for wv on the net and see if you can get him first. then file suit. if you can LEGALLY take him; DO IT!! get someone to call d.s.s. in wv and ANONYMOUSLY report their mom/step for abuse, neglect, etc. if you do it yourselves it WILL NOT HELP. they WILL take it as a personal vindetta. this is ridiculous. we're getting on t.v. for the d.s.s. slackasses in s.c. right now. this is crazy. they do not care about the welfare of a child if the accusations come from the other parent. they almost NEVER believe it to be real. sooo get someone else to call. or let your dad call anonymously. he will prob. have to call the d.s.s. in oh. not where u r. & they're right. the court will listen to the child but it is not SOLELY up to the child where he/she may live. think of it this way: if the child wants to live w/ the mother in a crack house, do you think the courts would let him? no. absolutely not. same goes w/ alcoholics. & you have a better chance of getting him while she's under the "influence". if you can call the cops out to HER house when you know shes drunk. do it. they'll take him on the spot for emergency custody. tell your dad to make a surprise visit. also-you need to record ALL phone calls w/ him & the mother. there are MANY courts who won't give your dad anything just bc it's "he said/she said"...being there myself right now; if you just pop in there w/ some accusations they won't believe anything out of your mouth. so anyways...have a great day. good luck. below are the emancipation guidelines for a child in ohio. you need to talk to your dad & your bro. about emancipating himself. this could help you gain custody or at least let your little bro. get away from his mom and live w/ you. (if he's emancipated he can live w/ whom he wants). my bro's ex did this & it worked. she moved in w/ her dad; mom's psycho. sooo try it.

"Emancipation" may also come before the age or event stated in the above Table. "Self-emancipation occurs when a child who is physically and mentally able to take care of himself voluntarily abandons the parental roof and leaves its protection and influence and goes out to fight the battle of life on his own account." Iroquois Iron Co. v. Industrial Commission, 294 Ill. 106, 109, 128 N.E. 289 (1920). Accord, e.g., Napolitano v. Napolitano, 732 P.2d 245 (Colo. Ct. App. 1986) (in determining whether emancipation has occurred, court must consider totality of circumstances, particularly conduct that is inconsistent with a continuation of parental control and support); Foxvog v. Foxvog, 7 Neb. App. 92, 578 N.W.2d 916 (1998) (emancipation releases child from custody and support or parents); Alice C. v. Bernard G.C., 193 A.D.2d 97, 602 N.Y.S.2d 623 ( ) (children are emancipated and parents no longer have an obligation to support them if they become economically independent through employment, entry into military service, or marriage, and may be constructively emancipated if they, without cause, withdraw from parental control and supervision); Filippone v. Lee, 304 N.J. Super. 301, 700 A.2d 384 ( ) (emancipation occurs by reason of reaching age of majority, marriage, or when child is voluntarily no longer in the care, custody, and control of either parent). Emancipation is also achieved when a child voluntarily marries or enters the armed forces. In essence, prior to the age of majority, marriage, or entry into military service, so long as a child is still in need of the care and custody and control of his or her parents, the child is not emancipated. Broyles v. Broyles, 711 P.2d 1119 (Wyo.)