custody of a minor child.

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mer115

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My niece is 12 years old and she currently live with her mother, but her mother is going to prison for stealing large sums of money from her job. She does not know that my brother is her biological father she thinks her sisters father is her father. But he does not want to live with him, he can not take care of her. He does not work and lives in a 3 bedroom trailer with 5 other people. He is a drug dealer and has put his kids in dangerous situations. I am her biological aunt can I file for custody over the step father? Shes 12 and absolutely hates him and does not want to live there. my husband and I can take care of her.
 
If things are that bad in the child's life, why has DHR/DHS/DFCS/DCF/CPS not been involved?
 
Your first action is to protect the child. Therefore contact the agency (see above) suggested in child's area so they can investigate
 
we didn't know how bad it has been. My brother and this side of the family have been kept away from her. She does not know that my brother is her actual father. The her siblings father signed the birth certificate. I just recently got to be around only because her mothers sister is my best friend. Her mother goes to court tomorrow. DO I have any legal rights to her? I planned on getting a lawyer and trying to fight for custody of her but I don't know if i am even able to.
 
If someone else signed the Acknowledgment of Paternity at the hospital, then you and your brother have no more rights to this child than I do. She has a legal father and it's not your brother; and IIRC Texas law, he's waited far too long to be determined the legal father.
 
You need to contact one of the agencies noted above & let them handle. Is there no way you can find out where the child lives? You said the Mother's sister is your best friend.
 
If someone else signed the Acknowledgment of Paternity at the hospital, then you and your brother have no more rights to this child than I do. She has a legal father and it's not your brother; and IIRC Texas law, he's waited far too long to be determined the legal father.

Exactly. Biology is not an issue at this point.
 
So where is this child's actual father? Why is he not in the picture? How do you know that bro is "really" the father? If bro hasn't stepped up as the father, then you have even less "rights" as the (maybe) biological aunt. Getting custody away from a legal parent is a very rough road. Even if you were found to be the biological aunt, there is very little chance that would make any difference in obtaining custody for a kid you barely know. If you care about this kid at all, call CPS and report the conditions.
 
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