Aunt with custody of 1 child.... please read

[stuckinlamad]

What is the name of your state (only U.S. law)? Virginia (for the courts)

My sister lost custody of both of her children over 7 years ago. My nephew went to live with his father and I was able to get custody of my niece as they had different fathers. I have had sole custody for the entire 7 years. Without going into specifics my nephews father is not a good person. Even his mother is now trying to get custody of my nephew away from her son. My sister is also planning on filing for custody. As well as his mother. My sister has paid regular child support and has regular visitation with her son. She has never paid me for child support or had regular visitation with her daughter (whom I have custody of). I am not one of those people who think they are both bad people just because of how they live. They are bad people in my opinion because of the things they do and continue to do.

So with that minute background.
1. What are my chances of getting custody as I already have custody of his sister if the father loses custody?

2. What are my chances compared to my sister?

3. What are my chances compared to his grandmother?

 

[Proserpina]

What is the name of your state (only U.S. law)? Virginia (for the courts)

My sister lost custody of both of her children over 7 years ago. My nephew went to live with his father and I was able to get custody of my niece as they had different fathers. I have had sole custody for the entire 7 years. Without going into specifics my nephews father is not a good person. Even his mother is now trying to get custody of my nephew away from her son. My sister is also planning on filing for custody. As well as his mother. My sister has paid regular child support and has regular visitation with her son. She has never paid me for child support or had regular visitation with her daughter (whom I have custody of). I am not one of those people who think they are both bad people just because of how they live. They are bad people in my opinion because of the things they do and continue to do.

So with that minute background.
1. What are my chances of getting custody as I already have custody of his sister if the father loses custody?

2. What are my chances compared to my sister?

3. What are my chances compared to his grandmother?

Why shouldn't Dad have custody?

(the short answer would be: Unless both mom & dad are deemed unfit and/or have their parental rights terminated you have virtually no chance whatsoever; the preferred order is usually parents, grandparents then aunts/uncles/other relatives)

 

[stuckinlamad]

I don't want to be specific. As now is not the time for either my sister or my nephews father to know. However, I will add that the judge in this case has point blank told my sister that she should file for custody within the year. This was about 7 months ago but her situation has changed drastically so as she is no longer in a suitable position to be raising a 10yo boy.

The father does not see to my nephews medical needs. Does not provide him with a stable home. I would love to go into it but it would feel like I am just trying to complain because I don't like him. I want whats best for my nephew. So please assume that the judge would order him unfit and then what my chances would be at that point.

just adding that the (34yr old) father in question always lived with his mother until a few months ago ... so until he moved out his mother was actually the one caring for my nephew.

 

[Proserpina]

]I don't want to be specific. As now is not the time for either my sister or my nephews father to know.

How exactly are we meant to help without knowing what's going on?

The father does not see to my nephews medical needs. Does not provide him with a stable home. I would love to go into it but it would feel like I am just trying to complain because I don't like him. I want whats best for my nephew. So please assume that the judge would order him unfit and then what my chances would be at that point.

How exactly are we meant to help without knowing what's going on?

(I suppose the short answer would be: Nobody can gauge the chances of what you're happening. But if Mom's rights haven't been terminated she'd generally be first in line. After that, the grandparents. And then you. Already having custody of one child may help - but of course without knowing the details again it's hard to say)