de facto custodian For aunt

[Graceyjane]

I am searching out info and if an aunt can get custody of a niece.  The mother isn't married but the fathers name is on birth certificate.  They were never married and there was never a paternity test done.  The mother was a minor when the fathers family foreced her into putting his name on birth certificate. 

The mother is facing possible jail time.  The aunt has been the main provider for this child.  The child doesn't live with the aunt but stays there more than with the mother.  The aunt wants custody or at least guardianship for the child while if the mother goes to jail.  The father who is behind in child support or possibly not even started paying and isn't in the child's life on even a regular basis. 

He's basically a dead beat dad who now has a girl friend who can't have children and is pressing for the child now.  The child is under 14 and doesn't want to go with him and doesn't like him.  The child knows that her mom is her mother but her aunt is more involved in her day to day life.  The child is in a stable relationship and family life and has been for several years. 

I hesitate to give an exact age ..older than 5 younger than 10.  I am not any of the above but I'm family and have been asked to research options as the aunt has her hands full caring for the mothers children and working to provide for said children.  There is only the one child concerning this case. 

Can the aunt get custody of the child.  All parties and family members are greatly concerned as the father plans on leaving the state and going across country to be with the girl friend meaning the child will be uprooted from her life completely. 

What are the chances of the aunt getting the child so she isn't uprooted from her life ..anyone know? Any answers, suggestions, info, advice welcome! Time sensitive here.  Thanks in advance

[MixedBag]

That's a tough one.

If I were Aunt, I'd ask the mother for a power of attorney that covers Aunt doing EVERYTHING for child.

Is Mom's incarceration "temporary" -- like not a life sentence?

If there's a child support order, is there also a parenting time order?  Does dad have any legal joint custody or something?

Contact an attorney and see if maybe temporary guardianship would also be an option.

My daughter has "sole" custody of her kids too -- Dad is around, but not reliable nor a good choice for the children IF she were to die....so in many senses as Grandma, I too have contemplated "how would this work out" -- because I think I'd be asking the court for primary residential guardianship and custody of the two grands -- and I too think that would be an uphill battle since Dad isn't dead......but more like a deadbeat.  He'd want them, but the living conditions would be awful (6 kids, one bedroom), food stamps, daily food and baths missing, ad potentially positive drug tests etc....and he'd be after the Social Security Check that comes with them......right now he has supervised time legally and that's it.  They have a sibling from a subsequent marriage....and I don't see Dad allowing that relationship to continue either.

So I hear ya...what about other siblings -- or is she an only child?  Nevermind....just re-read your post and there are siblings.  Auntie should work to get guardianship of ALL the kids....and I think that would strengthen her position in court if Dad filed anything.  Don't split the kids up -- best interest of the child.

Thinking out side the box....maybe some others will chime in too.

[Graceyjane]

incarceration would be temporary.  The 3rd child has a different father and he isn't going after the child as they are together.  It's just the two older ones.  Only the mother has custody and I'm not sure if there is a parenting order but will ask.  Will pass along the POA ..that's an excellent idea! Thanks for the help