Q: My father had legally by court fully custody of my brother his 14 years old my father passed away two weeks ago
I want to see how I can filled to get his custody legally now his mother is not in the picture
A: Assuming you are legally an adult (18 years old or more) you need to petition the local circuit court for guardianship of your brother. Your best bet is to contact a lawyer who practices family law (try Googling the term "custody lawyer" or "guardianship lawyer" to find one near you). Explain the situation to the lawyer. Bring a copy of your father's death certificate and a copy of your brother's birth certificate to the lawyer if you can find them. The funeral home can supply you with death certificates -- don't worry about the birth certificate if you can't find it. Once the guardianship is granted apply for Social Security benefits on behalf of your brother. The lawyer helping you with the guardianship can probably shepherd you through this process as well. If your father had a will, it will help to bring a copy of that to the first appointment with the lawyer too.
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A:
I'm sorry to hear about the passing of your father and the situation with your brother's custody.
Since your father had full legal custody of your brother, the next steps will depend on the specific circumstances and the laws in Illinois. Generally, when a custodial parent passes away, other family members, such as siblings, grandparents, or other close relatives, may seek custody of the child.
To pursue custody, you may need to file a petition with the family court in the county where your brother currently resides. The court will consider various factors, including the best interests of the child, before making a custody determination.
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