Legal Question in Immigration Law in New York

custody

how does a brother who is 22 years old get legal custody of his younger brother,who is 14 years old when their mother has died and thir father is alive but the mother and father never divorced? all reside in new york


Asked on 12/09/05, 6:59 pm

1 Answer from Attorneys
Andrew Nitzberg Andrew Nitzberg & Associates

Re: custody

My condolences on the loss of your mother.

The 14 year old will come under the juridsdiction of ACS, who has a legal duty to find the closest relative to entrust with his care. The father is the first choice and he can only be bypassed if he is found to be 'unfit' to act as a parent. After he is found unfit, the 22 year old can petition for status as legal guardian.

If the father is 'in the picture' or otherwise available, then you will need a lawyer.

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Answered on 12/13/05, 7:24 pm


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