I want to know if I have a chance to get custody of my sister

[Brit.harsh1]

Jurisdiction

Wisconsin

I am 22 with 2 kids but I live in texas. My sister is 11 and my dad has sole custody of her. Her mom is on drugs and missed court ordered visitations so she can't have any contact with her now and lost custody of all her kids.
Yesterday night my dad was arrested on multiple offenses and wants to grant temporary custody to my aunt. She has a job but both my siblings say her house is always dirty with cat feces and my dad told me she smokes pot. She is the closest living relative to my sister though.
Since my sister is in wisconsin, will my aunt be granted custody because its what my dad wants or will the state get involved to see if it would be a safe household? Also, since I live in texas and my sister lives in another state, we have different jurisdiction but is there any way for me to fight for custody of her?

 

[army judge]

You can VOLUNTEER for temporary/emergency placement.
Contact Child services to let the social worker know you'd like to become a foster parent.

Being in Texas could be an issue, as states try not to do out if state placements.

It won't hurt to ask.

 

[mightymoose]

It is unlikely you would be successful as a Texas resident especially if there are other options within Wisconsin.

 

[zddoodah]

My sister is 11 and my dad has sole custody of her. Her mom is on drugs and missed court ordered visitations so she can't have any contact with her now and lost custody of all her kids.

Since you refer to "her mom," as opposed to "our mom," I'm going to guess that this is a half-sister. Correct?

Yesterday night my dad was arrested on multiple offenses and wants to grant temporary custody to my aunt.

Legally speaking, custody cannot be conferred except by a court order. Your father can, of course, agree to allow your half-sister to live with your aunt (your father's sister, I assume) without a court order.

She is the closest living relative to my sister though.

Unless you're talking about being geographically "close," I would think most folks would regard her parents and siblings, and not her aunt, as her "closest living relatives." Even a half-sibling would generally be regarded as a "closer" relation to an aunt.

will my aunt be granted custody because its what my dad wants or will the state get involved to see if it would be a safe household?

We have no way of knowing if "the state [will] get involved" and have no way of predicting what a court might order in some hypothetical case.

is there any way for me to fight for custody of her?

Yes and no. You certainly can "fight" for anything you want. However, nothing you have posted suggests that there is any legal proceeding pending relating to the custody of your half-sister. That your father was arrested does not, by itself, mean anything as it relates to custody of your half-sister. Let's consider if your father hadn't been arrested but, instead, simply sent your half-sister to your aunt's to live with her. That would raise no legal issue, and no legal issue relating to custody is raised solely by the fact that an arrest has occurred. If someone starts a legal proceeding, you can seek to intervene. If your half-sister is taken into custody by the local child protective services authority, you can request that she be placed with you. I doubt you have standing to initiate any legal proceeding for custody. You could, in theory commence a proceeding by which you seek a guardianship over your half-sister, but I doubt that would get very far unless your father affirmatively supports you becoming her guardian. I suggest you start by consulting with an attorney in Wisconsin.

One thing to keep in mind, by the way, is that uprooting an eleven year old and sending her to live in another state hundreds of miles away might not be regarded as being in her best interests.

 

[Brit.harsh1]

Since you refer to "her mom," as opposed to "our mom," I'm going to guess that this is a half-sister. Correct?



Legally speaking, custody cannot be conferred except by a court order. Your father can, of course, agree to allow your half-sister to live with your aunt (your father's sister, I assume) without a court order.



Unless you're talking about being geographically "close," I would think most folks would regard her parents and siblings, and not her aunt, as her "closest living relatives." Even a half-sibling would generally be regarded as a "closer" relation to an aunt.



We have no way of knowing if "the state [will] get involved" and have no way of predicting what a court might order in some hypothetical case.



Yes and no. You certainly can "fight" for anything you want. However, nothing you have posted suggests that there is any legal proceeding pending relating to the custody of your half-sister. That your father was arrested does not, by itself, mean anything as it relates to custody of your half-sister. Let's consider if your father hadn't been arrested but, instead, simply sent your half-sister to your aunt's to live with her. That would raise no legal issue, and no legal issue relating to custody is raised solely by the fact that an arrest has occurred. If someone starts a legal proceeding, you can seek to intervene. If your half-sister is taken into custody by the local child protective services authority, you can request that she be placed with you. I doubt you have standing to initiate any legal proceeding for custody. You could, in theory commence a proceeding by which you seek a guardianship over your half-sister, but I doubt that would get very far unless your father affirmatively supports you becoming her guardian. I suggest you start by consulting with an attorney in Wisconsin.

One thing to keep in mind, by the way, is that uprooting an eleven year old and sending her to live in another state hundreds of miles away might not be regarded as being in her best interests.

This was all extremely helpful. Thank you.