Please help me help my little brother!

My father and I are seeking temporary emergency custody of my 11 yr old brother if possible until we can get full custody. He currently lives in WV and we are in OH. His mother is very neglectful and a very bad alcoholic. Her new husband is physically, emotionally, mentally and verbally abusive to my brother. He is also a very bad alcoholic. He wants to live here. They kick him out of the house all the time when they get drunk. They have 3 other children as well and all are abused and neglected. They do not work 90% of the year and soley live on my father child support, welfare and food stamps. The only clothes he has are the one we buy him when he comes to Ohio to visit as she sends him here with none. She is now stating that she will no longer allow him to come to Ohio because she wants my father and I to send her money and we refused. Her older daughter had him living with her for months because she didnt want to take care of him and he was living in such a horrible neighborhood that he was afraid to even go outside. She is more than willing to do what she can to help us bring him here. PLEASE HELP!!! WHAT SHOULD WE DO AND HOW?

[missingmyhubby]

Originally Posted by Stephanie

My father and I are seeking temporary emergency custody of my 11 yr old brother if possible until we can get full custody. He currently lives in WV and we are in OH. His mother is very neglectful and a very bad alcoholic. Her new husband is physically, emotionally, mentally and verbally abusive to my brother. He is also a very bad alcoholic. He wants to live here. They kick him out of the house all the time when they get drunk. They have 3 other children as well and all are abused and neglected. They do not work 90% of the year and soley live on my father child support, welfare and food stamps. The only clothes he has are the one we buy him when he comes to Ohio to visit as she sends him here with none. She is now stating that she will no longer allow him to come to Ohio because she wants my father and I to send her money and we refused. Her older daughter had him living with her for months because she didnt want to take care of him and he was living in such a horrible neighborhood that he was afraid to even go outside. She is more than willing to do what she can to help us bring him here. PLEASE HELP!!! WHAT SHOULD WE DO AND HOW?

is he the boys bio father? if not, he has no standing to get custody. and you dont have standing to do anything where he is concerned.

Yes, he is his biological father.

[missingmyhubby]

Originally Posted by Stephanie

Yes, he is his biological father.

then he is the only one who can get custody of your brother. you cannot. you have no legal standing where your brother is concerned.

[missingmyhubby]

Originally Posted by Stephanie

He wants to live here.

he can make that decision when he is 18, untill then, he does not get to choose. he lives where his parents and or the courts tell him to live.

First off, you are very blunt and not very sensetive of others feeling at all. I spoke with a lawyer this weekend and actually at the age of 12 he can decide where he wants to live. Also, based on the bad situation he is in there I could do a lot about gettign custody here even if my father did not want to participate. I was seeking legal advice from someone who knew there facts about the laws in the state of ohio and if you do not know what you are talking about then please do not respond. Thanks for reading though. And try not to be so harsh and negative.

[missingmyhubby]

Originally Posted by Stephanie

First off, you are very blunt and not very sensetive of others feeling at all. I spoke with a lawyer this weekend and actually at the age of 12 he can decide where he wants to live. Also, based on the bad situation he is in there I could do a lot about gettign custody here even if my father did not want to participate. I was seeking legal advice from someone who knew there facts about the laws in the state of ohio and if you do not know what you are talking about then please do not respond. Thanks for reading though. And try not to be so harsh and negative.

im not being harsh, im stating facts. you are a non parent, and have no standing to get custody. and that lawyer is wrong, CHILDREN such as your brother do not choose where to live. just as they dont decide not to go to school, or stay out all night.

perhaps you shoudl double check the laws in the state of ohio. they clearly state that at the age of 12 a child has the right to decide where he wants to live. as long as chere is choices is fit for him to live there custody is immediatly transfered. again, you need to do your homeowrk before you post advice. and if you are a lawyer which im sure you are not since i received the exact same advice from many lawyers, not just one, i feel bad for your clients and i hope that you serve them a little better than you are doing on here.

[missingmyhubby]

Originally Posted by Stephanie

they clearly state that at the age of 12 a child has the right to decide where he wants to live.

i suppose they also get to decide they arent going to school, or stay out all night too. his wishes will be considered, but untill he is 18, he does not get to decide where he lives.

I agree--they can express their wishes but that is just one factor for the court to consider.