Brother using lie to force our family

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Latest post Tue, Mar 21 2017 10:16 AM by ca19lawyer2. 6 replies.
  • Sat, Mar 18 2017 9:38 PM

    Brother using lie to force our family

    Hi everyone, 

    Let me provide some back story first.

    So, my boyfriend lives with his Mom, and his brother. Said brother decided he no longer wanted to live with them, is under the age of 18, and wants to get emancipated. However, he is using the lie that his older brother (my boyfriend) touched him inapropiately sometime ago in order to force the family into signing papers and letting him leave. I'll mention that I'm in Canada right now, so I don't know the whole story between what happened specifically. But all I know is that he threating his mom and brother that he will take legal action should they try to get certain belongings back from him. (Such as the family cat.)

    My question is, what can we do? We (the mom and brother) want him to not be able to legally live on his own. And we also would like to sort out which items he owns, and what he doesn't own. Also, we would like to make sure that the Lie doesn't go any farther. Sure, no one can prove it isn't true. But no one can prove it IS true either. 

  • Mon, Mar 20 2017 9:31 AM In reply to

    Re: Brother using lie to force our family

    If you would like more information about the laws that govern when and how this under-18 boy can be legally emancipated, you need to tell us which state this family lives in.  Emancipation of minors is governed by state laws.

    The legal tools available to a parent wanting to force a minor child to come home are also dependent on state law, but the two most likely avenues I can think of are getting in touch with the state's child protective services agency or getting a court order and presenting it to the police to get them to help.

    As a practical matter, though, if this boy is determined to leave it will be impossible to prevent him from leaving again after the authorities escort him back home, assuming they are even willing to do that.  It's a crime to physically restrain him from leaving or lock him in.

    You also can't prevent this boy from telling people his story if that is what he decides to do.  All anyone can do is try to talk him out of it, and to hope the people he tells won't believe him.

  • Mon, Mar 20 2017 9:48 AM In reply to

    Re: Brother using lie to force our family

    BTW, it really sounds like what this family needs now is counseling, not legal action.

  • Mon, Mar 20 2017 1:05 PM In reply to

    Re: Brother using lie to force our family

    JethrobBombs:
    So, my boyfriend lives with his Mom, and his brother.

    If he's your brother, then aren't "his [m]om" and "his brother" also your mom and your brother?  Or is this a half-brother?

     

    JethrobBombs:
    Said brother decided he no longer wanted to live with them, is under the age of 18, and wants to get emancipated.

    Ok...how old is he and in what state does he live?

     

    JethrobBombs:
    I'll mention that I'm in Canada right now

    Where you live makes no difference.  What matters is where your brother lives.

     

    JethrobBombs:
    My question is, what can we do?

    I'm sure you CAN DO any number of things.

     

    JethrobBombs:
    We (the mom and brother) want him to not be able to legally live on his own. And we also would like to sort out which items he owns, and what he doesn't own.

    In most (if not all) U.S. states, any property "owned" by a minor is really owned by the minor's parents.  As far as your brother not living on his own, obviously, his (your?) mother can (and probably should) not succumb to the blackmail and not sign off on the emancipation.  Note that, even if she does sign off on it, in order to be emancipated, your brother will still need to demonstrate to the court that he has the ability to support himself without assistance from anyone else.

  • Mon, Mar 20 2017 4:44 PM In reply to

    • Drew
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    Re: Brother using lie to force our family

    Let's try that a different way, In most jurisdictions ....the property belongs to the parent , if somebody threatens to report some supposed sex crime to law enforcement as a way of getting money or property...that may well be a big crime called extortion,  I doubt law enforcement will care much about family spats,  publishing /uttering untrue words,to others about some supposed illegal conduct may be over the line and into libel /slander.... 

    But bottom line it may be simpler,to let a,hot headed 17 year  old go pay his own bills ?? And in most states,if he digs a big hole,for,himself and turns 18...Mom need  not let,him back in the door or bail him out ...

     

     

     



  • Tue, Mar 21 2017 5:48 AM In reply to

    • cbg
      Consumer
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    • Joined on Thu, Dec 21 2000
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    Re: Brother using lie to force our family

    It's unclear to me whether his parents have already signed the forms agreeing to his emancipation and now want to rescind that agreement, or if they have not yet signed. Please clarify.

  • Tue, Mar 21 2017 10:16 AM In reply to

    Re: Brother using lie to force our family

    ca19lawyer2:

    JethrobBombs:
    So, my boyfriend lives with his Mom, and his brother.

    If he's your brother, then aren't "his [m]om" and "his brother" also your mom and your brother?  Or is this a half-brother?

    Well...I just noticed that I completely misread this.  Of course, my confusion is partly a result of the subject header of your post:  "Brother using lie to force OUR family."  If this is about your boyfriend and HIS family, then the reference to "our family" doesn't make sense.  That said my misreading of the post doesn't change any of the substance of my prior response.

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