Legal Question in Family Law in Indiana

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.