What steps I have to take to obtain custody of my brother?
Question Details:
My father past away a few days ago; he did not have a Will. I have a younger sibling under 18 years of age. The child's mother lived with my father but is not mentally capable of caring for my brother.
I am a NY lawyer. Unfornately, this a complex situation that you have found yourself in. You can't get guardianship of your younger sibling without your mother's consent. You have two options - either get her consent or, if she needs it, you may need to file to become guardian over your mother as well. This a very common issue when a person passes away and makes no provision for minor or disabled children. You should consult a lawyer.
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e-mail: sieglaw@optonline.net
