Q: Can I get custody of my 15 year old brother?
My brother who is 15 is living with my older sister and he doesn't like his living situation, she treats him like garbage, shes never home, always drinking, etc. I have filed the papers and have a court date but I'm just wondering what is going to happen when I go to the court hearing. I've heard that when a child is over 12 that it's generally their decision where they want to live. Will the judge need to find her unfit or will it be up to my brother? Will I even be able to get custody? I am 21, with my own house, so my living situation is not an issue.
A: It isn't up to your brother, it's up to the judge to determine what is in his best interest, based on all the facts introduced as evidence in court for the judge to consider. The judge can consider your brother's preference, but that is not the only factor. Since you do not know what happens a ta hearing, use the Find a Lawyer tab to retain a local family law attorney to represent you and help you present evidence to the court.
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