
Originally Posted by
bigsister2010
I'm 18 years old and I live in Ohio. My little brother will be 14 on Sept. 3rd. I understand that he can not chose where he lives. My mother has manic depression, and she is also bi-polar. She has attempted sucide 3 times. Now her and my step-father are on the verge of divorce and my little brother hates his father and wants nothing to do with him. If it came down to him fighting for custody of my little brother is there anything I could do to stop him or fight against him? I'm trying to do whats best for my little brother and not to have him raised by a man he can not stand. Also my mother has been very good lately, she hasnt attempted sucide in over 2 years, but i'm still afarid he will use that card to get my brother. Can someone please help?
Also would it be possible for me, as an adult, to get custody of him?
You posted this on the legal board - the legal answer is yes, the father could use medical information "against" the mother. However, unless your mother is a danger to your brother this info means little. Hopefully she has been diagnosed and either was or is in treatment of some sort and will have Physicians' statements or reports which indicate that her medical problems are under control. Mental illness, whatever form it takes, is NOT grounds to lose custody of your child.
At that age your brother will have a voice in Court but the Court does not have to follow his wishes.
You could attempt to get custody or guardianship but it will be very difficult at your age. However, it has been done - you would need to have your own place to live, a job, emotional stability.
Please keep us informed.