Legal Question in Family Law in Indiana
Guardianship of my 16 yr old brother
My 16 yr old brother now lives with me. Our mother whom he was living with was being beat up by her boyfriend. My brother got involved and was also beat up in the process. There were charges pressed and restraining orders put in place for both of them. My mother invited this man to her home which in turn made my brother have him arrested for violation of the order. He left that day and does not want to return due to the man living there. She refuses to sign guardianship to me(I am 25 yrs old). Will the court grant me guardianship of him or will they make him move home. Our father who has joint custody is willing to give me guardianship. Also will they make her pay child support.
1 Answer from Attorneys
Re: Guardianship of my 16 yr old brother
This is of course a difficult situation for all of you. However, your brother does have parents which have joint custody. In short, it should be your father who step's up to have the primary residence of your brother modified to his residence. If he futher petitons for sole custody and receives it, then this would make the way easier for your brother to live with you. This is assuming that he is in agreement to do so.
Your mother does not seem likely to consent to guardianship and it would take both parents to do so as both have joint legal custody.If you think it necessary, you may wish to consider reporting this situation to the Indiana Child Protective Services. They may undertake an investigation and initiate a petition for child in need of services. This may open the door to guardianship if your father then refuses to take the boy in open court. Mind you, this is not a sure thing, but one possible alternative.
Should your father obtain sole custody or modifiy your brother's primary residence as his, then your mother would be obligated to pay support.
Please keep in mind that the above is not exhaustive in the possibilties or outcomes which may exist. Each factual situation is different and a greater detail of the facts would be required to really determine a realistic course of action.