What steps I have to take to obtain custody of my brother?

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What steps I have to take to obtain custody of my brother?

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. 

Asked on November 22, 2011 under Family Law, New York

Answers:

Sharon Siegel / Siegel & Siegel, P.C.

Answered 10 years ago | Contributor

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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