What are the laws regarding older siblings seeking custody of younger siblings when their parent dies? 2 Answers as of March 18, 2016

I am 19 years older than my little half brother. He has lived all of his life with me and our mother. Our mother passed from cancer in June. His father is from another state and now he lives with him. I would like to know what rights I have if any if I were to try and get custody of him? Would I stand a chance at all? I love this child like he is my own. I am married and have two children and would be able to give him the life he deserves. He wants to come home.

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The Law Offices of Robert W. Bellamy
The Law Offices of Robert W. Bellamy | Robert W. Bellamy
You have no set legal rights, If the brother's father agrees then you can file for guardianship. If he does not agree you will need to go through DHR or something similar in another state, but you will have to prove the father is unfit. A hard way to go at it.
Answer Applies to: Alabama
Replied: 3/18/2016
Michael Anthony Wing, P.C.
Michael Anthony Wing, P.C. | Michael Anthony Wing
That is a difficult fact scenario. If you could show that the father was unfit, then you could argue the child was dependent on the state, and ask that placement be with you. Absent some unfit argument, I think you are better off getting an agreement that the child's father to get the child to come visit you as often as possible. Depending on the child's age, he may convince his father to let him come home, as you describe it. In that same thread, the father could consent to you having temporary custody that for all practical effects would be permanent custody, but he could still visit his father. That way the dad doesn't have to sever his relation with the child. Your facts are hard. I am sorry. God bless.
Answer Applies to: Alabama
Replied: 3/18/2016
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