Custody of 15 Year Old Step-Brother

[megang1]

My question involves a child custody case from the State of: Nebraska/Iowa
I have a 15 year old step-brother, my father and step-mother's child, who lives in Iowa. I live in Nebraska. My father passed away several years ago and their 'home' situation has deteriorated drastically since his passing. From what I understand they've been evicted from 2 homes as she stopped working when my father passed. She claims that she doesn't work due to a disability. She was recently hospitalized due to some sort of 'breakdown', stating that she would kill herself. My relationship with him has been strained as his mother doesn't have any interest in me being a part of his life.

He is also having trouble in school with grades and truancy. I've been told by his graduation coach at school that he is on a contract with the county attorney because of the truancy.

Recently he's reached out to me and asked if he can come and live with me. I've read the other posts on the forum and understand that I would need his mother's permission for this. My question is, with her permission, what do I need to do to gain custody of my brother?

[Mr. Knowitall]

Given his age, it would be sensible to have him move to Nebraska then to seek a guardianship through a court such that you have legal rights, can add him to your health insurance etc. You should check with the local schools to see what they require in order to enroll him (without paying tuition) - they may require a formal guardianship.

[megang1]

Don't I have to get his mother's permission to have him move in with me? I can't just take the kid and bring him home with me...

[Mr. Knowitall]

You stated that you would be proceeding with your mother's permission. ("My question is, with her permission, what do I need to do to gain custody of my brother?") Yes, of course you need permission.

[megang1]

Sorry...I suppose I should read what I wrote before responding..jeesh...
So basically my best bet is to contact a lawyer and proceed through the court.
Out of curiosity, what about him trying to emancipate himself?

[Disagreeable]

Not going to happen in his situation.

[FatherWhoWon]

Emancipation is for minors who can prove that they are self-supporting and stable, among other things. I'd say the chance of emancipation in this case is less than zero, if that's possible.

So it doesn't sound like mom's on board after all? Unless you get her cooperation, I don't think this will work out for you . . . So basically, your best bet is probably NOT a contested court battle (where did anybody tell you that?), unless of course you want to further tick mom off. Rather than a court battle, you might want to put your energy into sweet-talking mom into agreement.

[Lehk]

if you believe he is being neglected you should contact social services.

no judge in the country would emancipate a chronically truant 15 year old

he also does not meet the statutory requirements for emancipation
CHAPTER 232C EMANCIPATION OF MINORS

1. A minor who desires to become emancipated may file a petition
for an order of emancipation in juvenile court if all of the
following apply:
a. The minor is sixteen years of age or older.
b. The minor is a resident of this state.
c. The minor is not in the care, custody, or control of the
state.

2. A petition filed pursuant to this section shall contain the
following:
a. The petitioner's name, mailing address, and date of birth.

b. The name and mailing address of the petitioner's parents
or legal guardian.
c. Specific facts to support the petition including but not
limited to the following:
(1) The minor has demonstrated financial self-sufficiency,
including proof of employment or other means of support, which does
not include assistance or subsidies from a federal, state, or local
governmental agency.
(2) The minor has demonstrated an ability to manage the personal
affairs of the minor.
(3) The minor has demonstrated an ability and commitment to
obtain and maintain education, vocational training, or employment.
(4) Any other information considered necessary to support the
petition.
d. Any one of the following:
(1) Documentation that the minor has been living on the minor's
own for at least three consecutive months.
(2) A statement explaining the reasons the minor believes the
home of the minor's parents or legal guardian is not a healthy or
safe environment.
(3) A notarized statement that contains written consent to
emancipation by the minor's parents or legal guardian.
3. The court shall hold a hearing on the petition within ninety
days of the filing of the petition. Notice of the hearing, with a
copy of the petition attached, shall be served by personal service on
the minor's parent or legal guardian at least thirty days prior to
the hearing date. Any other parties shall be notified as provided by
the rules of civil procedure for service of an original notice.
4. The minor may participate in the court proceedings on the
minor's own behalf, or may be represented by the minor's own counsel,
or the court may appoint a guardian ad litem on behalf of the minor.

[llworking]

My question involves a child custody case from the State of: Nebraska/Iowa
I have a 15 year old step-brother, my father and step-mother's child, who lives in Iowa. I live in Nebraska. My father passed away several years ago and their 'home' situation has deteriorated drastically since his passing. From what I understand they've been evicted from 2 homes as she stopped working when my father passed. She claims that she doesn't work due to a disability. She was recently hospitalized due to some sort of 'breakdown', stating that she would kill herself. My relationship with him has been strained as his mother doesn't have any interest in me being a part of his life.

He is also having trouble in school with grades and truancy. I've been told by his graduation coach at school that he is on a contract with the county attorney because of the truancy.

Recently he's reached out to me and asked if he can come and live with me. I've read the other posts on the forum and understand that I would need his mother's permission for this. My question is, with her permission, what do I need to do to gain custody of my brother?

If you decide to proceed with any court action please watch your wording. He is NOT your step-brother, he is your half brother. There is a legal distinction between the two.