Q: I have a 10 year old bother who is emotionally and mentally messed up, he lives with my mother and my step-dad who are both unfit parents, they both work crazy hours and drop my bother to any one, they’ll feed him when they want or have free time. my brother has asthma so health wise he not ok because every two weeks hell have a reaction. my mother is over weight and has health issue that she is undeniable off, and my step dad is an alcoholic, every time I speak to him he is sad or crying, he is losing interest to a lot of things, he is in sports and other activities, he rather stays there than to go home. he never home. I do speak to other family members and they tell me how my mom speaks to him, she verbally and physically abuses him throughout the years its getting worse, she has no patients, he lives in fear every day and he wets the bed because he is so overwhelmed, thinking what going to happen today. I am very concerned about my brother because he recently mentioned to my aunt that he wants to die. I need help and advice, I don’t have a relationship with my mother because I am an outcome of rape. please help me, I cant sleep at night to think hell harm himself.
A: You’d need to file a petition for custody with the Family Court. That said, you’d ultimately need to prove that your mother has “persistently neglected” your brother in order for you to succeed (which may ultimately entail your brother reporting how he’s treated to am attorney appointed by the court). Schedule a consult with a White Plains Child Custody attorney for a full assessment.