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    jayspedd's Avatar
    jayspedd Posts: 5, Reputation: 1
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    #1

    Oct 6, 2013, 02:37 PM
    My 15 year old brother lives with my step father but my mother has died.
    My brother wants to live with me but my step father who is no longer with my mother because she died is trying to stop him do I have any legal rights
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
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    #2

    Oct 6, 2013, 02:56 PM
    At this time you have no rights. Why does he want to live with you ?
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    jayspedd Posts: 5, Reputation: 1
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    #3

    Oct 6, 2013, 03:00 PM
    Quote Originally Posted by cdad View Post
    At this time you have no rights. Why does he want to live with you ?
    He isn't happy with his step father is there anything I can do
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    cdad Posts: 12,700, Reputation: 1438
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    #4

    Oct 6, 2013, 03:16 PM
    At this time I don't see anything that can be done without the fathers consent. If the father consents to it and you are over 18 then something can be done. But if the father doesn't OK it then nothing can be done.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #5

    Oct 6, 2013, 03:27 PM
    Is he your step brother or is he your natural brother? Its not clear whether your step father is his father or step father. How did he come to get custody?
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    #6

    Oct 6, 2013, 03:33 PM
    Quote Originally Posted by ScottGem View Post
    Is he your step brother or is he your natural brother? Its not clear whether your step father is his father or step father. How did he come to get custody?
    He is my natural brother my step father got custody because he looked after my brother from when he was little so it was thought easier for my brother to stay with him
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    #7

    Oct 6, 2013, 03:46 PM
    Did he get custody through the courts? What about your father? Other relatives?
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    jayspedd Posts: 5, Reputation: 1
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    #8

    Oct 6, 2013, 03:52 PM
    Quote Originally Posted by ScottGem View Post
    Did he get custody through the courts? What about your father? Other relatives?
    . No he didn't go to court our father is really ill and hasn't got the energy to look after a teenager. My brother wants to stay in the area and any other family are in other places
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #9

    Oct 6, 2013, 03:58 PM
    How is the step-father "trying to stop" the boy from living with OP?

    Actually, the step-father has fewer "rights" to custody than OP. OP should get an attorney for the purpose of being appointed guardian.
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    ScottGem Posts: 64,966, Reputation: 6056
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    #10

    Oct 6, 2013, 04:31 PM
    As AK said, as a step father he has practically no rights. However, if he has raised your mothers children for most of their lives a court is likely to side with him.

    How old are you and what is your living situation?
    Alty's Avatar
    Alty Posts: 28,317, Reputation: 5972
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    #11

    Oct 6, 2013, 05:02 PM
    I'm not a legal expert, but I have to ask a question that I didn't see covered here. Did the stepfather legally adopt your brother?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #12

    Oct 6, 2013, 06:42 PM
    Unless the step father went to court and got legal custody, or legally adopted the child, the step father has no legal rights in this. (except the right to go to court)

    Only the father of the child, where ever or who ever he is, has that right now.

    The father of child has the legal custody at this point, upon death of the mother.

    There is nothing to stop child from merely going to live with father. If he goes to live with brother ( I assume not living with father) the step father really can not do anything, at this point
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #13

    Oct 6, 2013, 06:51 PM
    Quote Originally Posted by Fr_Chuck View Post
    Unless the step father went to court and got legal custody, or legally adopted the child, the step father has no legal rights in this. (except the right to go to court)

    Only the father of the child, where ever or who ever he is, has that right now.

    The father of child has the legal custody at this point, upon death of the mother.

    There is nothing to stop child from merely going to live with father. If he goes to live with brother ( I assume not living with father) the step father really can not do anything, at this point
    I'm not sure we can be sure of that. Its possible the step father was awarded custody by a court,
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    cdad Posts: 12,700, Reputation: 1438
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    #14

    Oct 6, 2013, 07:01 PM
    Quote Originally Posted by ScottGem View Post
    I'm not sure we can be sure of that. Its possible the step father was awarded custody by a court,
    Im still not sure of the relationship. When I posted I had thought the brother to be a half brother. Product of the stepfather/mother relationship. Do we know for sure if the OP shares the same father with his brother?

    I know the OP answered yes to being a natural brother but has it been answered if they are full brothers or not?
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    #15

    Oct 7, 2013, 12:54 AM
    Quote Originally Posted by cdad View Post
    Im still not sure of the relationship. When I posted I had thought the brother to be a half brother. Product of the stepfather/mother relationship. Do we know for sure if the OP shares the same father with his brother?

    I know the OP answered yes to being a natural brother but has it been answered if they are full brothers or not?
    Yes we are full brothers he was born 3 years before my parents split
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    joypulv Posts: 21,591, Reputation: 2941
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    #16

    Oct 7, 2013, 02:42 AM
    Where is the bio father, and what does he say? How ill is he? What state are you all in, assuming the US?
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    #17

    Oct 7, 2013, 03:36 AM
    Quote Originally Posted by jayspedd View Post
    Yes we are full brothers he was born 3 years before my parents split
    We have asked you several questions, the answers to which we need to help you further. You only answered one of them. If you don't provide us with info, its hard to help you any further.
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