My question involves a child custody case from the State of: NYC
Hello everyone here is my problem. last year when i was 20, my mother passed away & im left to take care of my sister with help from my grandmother. I just recently turned 21 & the apartment we were all living in is now mine. I believe my father wants to take custody of me & my 11 year old sister. However, my sister & I do not want to live with him because he was abusive to both my mother & I. My mother moved out of his home before my sister was born so that she wouldn't have to be abused by him. I know he can't touch me because I'm already an adult, but I think he has the right to take my sister because shes only 11 (she turns 12 this month). I want to take custody of my sister before he can. From what I understand I will need to go to court & plead my case that I would be a better guardian.
Here are my pro's:
1) I have been raising her along with my mother since she was born.
2) I have my own apartment.
3) I recieve food stamps, TANF, & her survivors benifets, which is enough to pay the bills & keep her happy
4) she wants to live with me, not her father.
5) our father is 75 years old. way too old.
6) our father is disabled.
7) He hasn't raised children in 10 years.
8) Her grades & previously abismall attendance have shot up since she has been living with me (she's on the honor roll )
9) He lives more than 2 miles away from her school, on the other side of town, whereas with me she lives only a few blocks away.
10) My apartment has been her home her entire life.
& the things he has going for him:
1) I'm not employed, however I am involved in a goverment sponsored job search program & that is how I'm receiving the TANF.
2) I just recently turned 21
3) through disability & workers compensation, he makes more money than me.
So my main question is, do I have a snowballs chane in hell of winning custody of my sister? From what i understand, since I don't have a job yet, best case scenario is that I can win custody of her, but only temporary to see If I am responsonsible to take care of her.
Note: I would also like to point out that in this case I do not want us to live with my grandmother either. It would be just me & her, which is how she & I want it.