Legal Question in Family Law in Missouri
I am a 30 year old woman with a two year old little boy. I live my mother and my elderly father, I have alway's lived with them. I help to take care of them and keep an eye out for them and help them with things that they cannot do. My brother who is now 43 moved in 6 years ago after breaking up with his wife, this was temporary for at least a month until he could get an apartment. Well he has not moved out and is agressive and verbally abusive to my parents and me. He has guns although my mother plainly told him that he could not bring them in, he did it anyway, I tell him all the time to put his pistol up because of my son, he says it's not loaded and that he can do what he wants. By the way he sleeps in our living room with his bed and a dresser and all of his junk. He has been told to leave and get his own place because he is no longer wanted in the home. My father is fighting cancer and has just recently had a heart attack, I am not sure if my dad with come home or not, but in any case we need the brother to go because he does not care about anyone but his self and I feel he has something up his sleeve to hurt my dad or mom, or even my self. I never leave my son around him because of a fear of what he will do to him, my brother hates my son for some reason. I need help on what to do, I have talked to my mom but she has too much on her plate right now and say's that she can't talk about it now and will figure it out later. I believe it needs to be done now before my father comes home before he does pass away, I want my father to have peace in his last days on earth. PLEASE HELP!!!
2 Answers from Attorneys
If your brother leaves handguns lying around, you can call the Police. This may taek care of that situation. If your mother and father are unable to care for their own affairs, you may be able to be appointed as thier attorney in fact (power of attorney appointment), if they agree. If they do nto, then you may hav eto sue throught eh Probate court to be appointe dGuardain for your parents. In either case, you can then sue to ahv ethe court put yrou brother out.
If you are concerned about the safety of your Son, send him to live with his father or move out and get your own place. It sounds like you and your brother might be living rent free. That is nice. But, isn't your Son's safety more important than free rent?
Good luck
You could also file a Petition under the Child Protection Act asking the Court to issue an Ex Parte Order restraining your brother from your home, which may then be converted to a Full Order of Protection. You may do this without hiring an attorney, although with something this important you would be better off having an attorney represent you. I have handled hundreds of these cases in the thirty-three years I have been practicing law, and I might be able to help you myself for a reasonable fee. Please feel free to give me a call for a free telephone consultation.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
