Q: My brother has been living with me for 2 years but i don't have legal custody. How can i start to get legal custody?
My brother has been living with me for 2 years now. I do not have legal custody but I would love to. I have not gotten any government help but my mother receives all benefits. She does not work and claims him for food stamps and income taxes. She threatens to take him away. She has not worked in 7yrs and lives with a man who beats her. I want to know what steps I can take to have legal FULL custody of him. Also, can I claim him on my taxes if I do not have legal custody of him?
A: With your parents' consent you could file a petition for temporary custody of minor by extended family. Without their consent you have to prove that each is unfit by clear and convincing evidence.
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