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Can I Have My Brother Removed from the Home of Our Temporary Guardian

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  • 07-14-2013, 03:19 PM
    Ria
    Can I Have My Brother Removed from the Home of Our Temporary Guardian
    My question involves a child custody case from the State of: Missouri.

    So here is the situation. My mother was arrested in May of 2013. She had sole custody of both my 15 year old brother and I. After she was arrested, we moved in with our second cousin as a result of having no where else to go. We were both unhappy there and neither of us liked her. So since I will turn 18 on the sixth of august, I elected to move in with my former foster parents and attend college so I could be away from her.
    Since then, she has begun to be awful towards me and is refusing to let me see or talk to my brother. My foster parents want to move into a bigger house within the next month and become licensed foster parents again so that my brother can get out of that house and be with me. He has told me numerous times that he doesn't want to live there. He does not have his own room, and sleeps on a fold out bed. Her house is messy and full to the brim with junk. The only shower is in the basement where mold is growing and there are exposed wires right next to the shower. Her son lives there and has been to jail numerous times for things such as adult abuse with and without stalking. He is a drug addict.
    My mother gave my cousin temporary custody but now, hearing how she really is, wants to revoke it and my brother to be removed from the home as soon as possible.
    So I need to know who the state would favor if I went to social services and asked for him to be removed with the goal of being placed in my home as soon as we can move into a bigger house.
    What are my options here?
  • 07-14-2013, 05:57 PM
    Disagreeable
    Re: Can I Have My Brother Removed from the Home of Our Temporary Guardian
    Based on the situation you presented, all mom needs to do is revoke the temp guardianship and assign it to you.
  • 07-16-2013, 05:56 PM
    Mr. Knowitall
    Re: Can I Have My Brother Removed from the Home of Our Temporary Guardian
    Is the placement with your cousin an in-family placement by protective services and/or by virtue of a court order? If there is no basis for that custody to continue other than mom's permission, ask mom to change the arrangement.
  • 07-17-2013, 09:53 PM
    Ria
    Re: Can I Have My Brother Removed from the Home of Our Temporary Guardian
    Quote:

    Quoting Mr. Knowitall
    View Post
    Is the placement with your cousin an in-family placement by protective services and/or by virtue of a court order? If there is no basis for that custody to continue other than mom's permission, ask mom to change the arrangement.

    No, family services was not involved at all. They basically don't seem to care where he lives unless he's being abused. And I found out that she is not his legal guardian. The papers she has are not legally binding or official in any way. So when I turn 18, I'm going to move him in here. I told her this and she said "no" and I absolutely believe that she would take off with him to keep me from getting him. So what would my options be once I am 18? Do I have a legal right to retain custody of him and can I call the police if she tries to keep him from me?
  • 07-17-2013, 10:26 PM
    Disagreeable
    Re: Can I Have My Brother Removed from the Home of Our Temporary Guardian
    Mom does not need to go to court to assign custody on a temporary basis. You do not appear to have any grounds based on fact to reach the conclusion you have. You will look very foolish spending your 19th birthday in jail with mom.
  • 07-18-2013, 10:13 AM
    Mr. Knowitall
    Re: Can I Have My Brother Removed from the Home of Our Temporary Guardian
    "I told her this and she said 'no'" - "her" being your mom?

    You have no legal right to take custody away from your mother and, as an 18-year-old college student who remains dependent upon the support of others, even if we were to assume that you could articulate to the court sufficient cause to remove a child from his parent - and that's a huge task in and of itself - you don't have a realistic chance of becoming the guardian of a child. You can discuss with your former foster parents whether they would be willing to accept the placement of your brother if protective services became involved, assuming they would qualify for the placement.
  • 07-18-2013, 03:18 PM
    Ria
    Re: Can I Have My Brother Removed from the Home of Our Temporary Guardian
    No, her being my cousin. I'm not trying to take my brother from my mother, I'm trying to get him into my home and out of the home of a woman who has no say and no claim to him. My mother wants him to move in with me and my cousin is refusing to give him to me. She is no one to him.
  • 07-18-2013, 04:05 PM
    llworking
    Re: Can I Have My Brother Removed from the Home of Our Temporary Guardian
    Quote:

    Quoting Ria
    View Post
    No, family services was not involved at all. They basically don't seem to care where he lives unless he's being abused. And I found out that she is not his legal guardian. The papers she has are not legally binding or official in any way. So when I turn 18, I'm going to move him in here. I told her this and she said "no" and I absolutely believe that she would take off with him to keep me from getting him. So what would my options be once I am 18? Do I have a legal right to retain custody of him and can I call the police if she tries to keep him from me?

    How did you find out that legally she does not have guardianship of him and that the "papers" are not legally binding?
  • 07-18-2013, 05:43 PM
    Ria
    Re: Can I Have My Brother Removed from the Home of Our Temporary Guardian
    Quote:

    Quoting llworking
    View Post
    How did you find out that legally she does not have guardianship of him and that the "papers" are not legally binding?

    I was told on two seperate occasions by two different socials workers that if it did not go through a judge then it doesn't mean anything.
  • 07-18-2013, 06:47 PM
    Disagreeable
    Re: Can I Have My Brother Removed from the Home of Our Temporary Guardian
    Quote:

    Quoting Ria
    View Post
    I was told on two seperate occasions by two different socials workers that if it did not go through a judge then it doesn't mean anything.

    You were told wrong. Social workers do not practice law. They divide families.
  • 07-19-2013, 06:02 AM
    llworking
    Re: Can I Have My Brother Removed from the Home of Our Temporary Guardian
    Quote:

    Quoting Ria
    View Post
    I was told on two seperate occasions by two different socials workers that if it did not go through a judge then it doesn't mean anything.

    Ok, that is accurate but how do you know that you cousin didn't take the paperwork that your mom gave her to a judge for a judge's signature?

    The problem is that you have to be sure. If that was never done, then your mom could give legal custody (and have it go through a judge) to someone else right now. However if your cousin did that, then its a much bigger battle.
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