Legal advice..custody of my young sibling?

Hello,


Im 20 years old and after my mothers death I began taking care of my younger brother full time. Our father is still living but prior to our mother passing, he kicked my little brother out. I went to court and was awarded guardianship and later had a date set for an actual custody case for him(June 3). However, Monday last week, our father somewhat ';kidnapped'; my brother from school. I haven't heard anything from my brother or my ';father'; but from family I've learned their location. My question is, is there anything that I can do legally to get my brother back?





Thanks In Advance.Legal advice..custody of my young sibling?
If the court has given you guardianship, temprorary or otherwise, it is still a court order. You need to contact the police immediately. Your father can be charged with Custodial Interference at a minimum, and felony kidnapping at worst. All states are required to comply with the court order of one state.





Keep in mind that there is NO 'somewhat' kidnapped. It IS kidnapping, no matter what the relation. That why federal law was passed in the 1980's to prevent this kind of interference between ex-spouses and/or families.Legal advice..custody of my young sibling?
I would actually call the police and show them the order of Guardianship. If you haven't followed up on your written order, you need to do that right away. Police need written orders. See what they say.





Meanwhile, you have a custody hearing. You may not get custody at that hearing if your father's parental rights were unknown. Still, go to your hearing. They may issue an order or something to get your brother returned to you (if the cops don't help), and then set the matter for another date. At that date, they may have a hearing with presentation of evidence to consider your case versus your dad's case of who should have custody of your little brother and hopefully preserve the estate of your mom. Or they could throw the book at your dad since he technically could be in violation of the order appointing Guardianship.





Good luck to you and don't forget to report the assets of the estate to the court.
If you were awarded guardianship you don't have actual custody at this time but in most cases the court will set a sooner date to determine custody because it's in the child's best interest. Simply call the division where the current date is set and tell them the problem, they will guide you from there.
Show up at your hearing and tell the Judge what has happened. Your ';father'; sounds like he is unfit and hopefully the court will see it the same way. However, even if you do get custody of your brother, your father will always be a pain in the fanny and probably cause you nothing but problems.
If the court granted you temporary guardianship, you must call the police and pick your brother up. They will take your brother and give him to you. Your father will face arrest if he refuses. Report the incident to the courts to speed up the custody hearing.
Call the police *immediately*.





If you are the childs legal guardian, and you fail to report that he's been removed from your custody, you could be in breach of your obligation to care for him.





Richard
you have to file a kidnap case as you are the legal guardian to your brother till the expiry of the tenure lodge police case immediately
You need to call and report that to the police now. If you have temp guardianship over him your ';father'; has no right to come in and take him without permission!