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.