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Q & A

Q. I have a 17 year old half brother that my father has custody of. My father threw him out last year when he was 16. My dad does not support him. My half brother is sick and needs a spinal surgery so he called dad to tell him since he is in dad's insurance. Dad does not want to have anything to do with my half brother. Isn't he obligated to help since my brother is only 17?

A. Although the facts of an individual case may vary, The 17 year old can bring a support proceeding in under Family Court Act (FCA) Section 422 in his own right.

He can also seek public assistance and perhaps Department of Social Services could bring an Article 10-C proceeding -- Destitute Child.  Section 1092 FCA

The father's responsibility to support and provide necessaries must continue until the child is 21, although the father may argue that the child is emancipated and thus there is no  longer a duty of support; however, it would be very unusual to declare a child who cannot support himself to be emancipated.

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