Legal Question in Family Law in Colorado

Custody of deceased brother's son

My brother has been deceased for 5 years. His son, currently 15 years old, no longer lives at home with his mother; however, his mother continues to receive over $500 per month for this child. Of course, this money is suppose to be for the boy. It is provided to him through my deceased brother's social security. Apparently, the mother spends the money on drugs and this is why the child has chosen to live with an uncle at this point. Social Services says they have a file on the mother and have for years now, as she previously lost custody of my deceased brother's daughter. The boy attended a counseling session with the mother, but she walked out when questioned about her drug use. The boy speaks of becoming amancipated. At what age can he legally pursue this? And until then, what are our options? Should I obtain a lawyer to represent him? He has no money for school lunch, clothing, etc. Please advise.Thanks

Asked on 11/09/00, 11:04 am

1 Answer from Attorneys

Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: Custody of deceased brother's son

Please consult a lawyer. Emancipation can be granted at any age under the proper circumstances. The boy needs the money, and it should not be diverted by the mom. If SS finds out they may discontinue benefits.

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Answered on 11/09/00, 10:17 pm

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