The glitch I can see in the theory that he’s the kid that Emma’s foster family had and sent her away, (I’m assuming that’s the family she got the Swan name from, because they had her until she was 3), is the actors’ ages, because he may only be a handful of years older than JMo IRL, but he couldn’t pass for being 26, which he’d have to be if he was the kid that Emma’s foster parents had when she was 3. It’d make for a cool story if it turns out that that kid grew up, discovered that his parents had given Emma away, and tracked her down, but I just don’t think the ages would work.
That doesn’t mean that he couldn’t have been a foster brother from a different family, though.