I have a 3 year old nephew that I have helped take care of and watch. He is currently with his father who maybe going to jail/prison for an unknown amount of time. My sister is not in my nephew's life but for a few days a month, if that. I am worried for her to get custody after my nephew's dad goes away. Is there any way for me to take custody from her?

In order to "get custody" there would have to be a motion and she would need to be proven unfit. If she is unfit the grandparents would most probably be the first choice for custodian.

I would ask an Attorney how to proceed.

Thank you so much for the help. I know my parents would take him in a second but I don't think they would be able to not only because they live in NH but also because my father is a felon and I don't think they would give them custody. In any case do you know if there is any way for me to be the first person they give him too?

What about the mother's parents? There are probably also other brothers and sisters on both sides.

You can always ask your brother to give you guardianship but that does not rule out the mother trying to take custody of the child.

Have you tried legal aid, something similar, asking for information/help?

Legally you are going to have an uphill fight IF the mother decides to exercise her parental rights.

The mother is my sister. But I understand where you are coming from. I think if it was anyone else that wanted him my sister would not care but since it is me it will definitely be a fight. I have not tried Legal Aid but I am definitely going to look into it.

Wow, I am truly sorry - I misread that part of the question. Would your sister consider giving you guardianship? It doesn't sound quite as drastic as custody.

That might be a thought to pursue -