Can a 21-year-old brother take custody of a child whose father is diseased and lives with a disabled grandmother that has no income in the child's best interests for school behavior and discipline?

Answer 1

If the grandmother has no income, I must wonder by what means she supports herself. If you mean that she is of low income, that should have no real bearing. Many children of poverty-level households grow up into fine adults when, and if, raised by proper parenting methods. If there is reason to believe that adequate shelter, nourishment, educational needs, special needs, guidance or any other necessities of life may not be provided, I would definitely consider filing for custody. Try to be mindful of the fact that extended family and grandparents can be very healthy, and at times essential, to a child's growth and development. I would encourage you to do your best to maintain a reasonable relationship with the grandmother and grant her access to the child for the child's sake. It may be in everyone's best interests. A 21 year old can be mature, stable and loving enough to provide for a child. It may depend to a large degree on your level of maturity and your ability and willingness to maintain employment and provide adequately. If the biological mother is living and has not had her parental rights legally terminated by the court, she will be notified of any custody petition that is filed. A sibling who is of legal age and can provide a stable environment for the minor child is as eligible for being granted custodial rights as is any other relative. The exception would of course be, the presence of the biological mother and the circumstances related to her not being involved in the child's life.