How to Get Custody of a Younger Sibling from a Non-Custodial Parent

A mother in New Jersey was sentenced to jail, and when he found out the father of her minor daughter came to New Jersey and took the child back to North Carolina, where he lives. The custody order gave the mother custody, and the father only has long-distance visitation. The child's older sister is concerned about the father's fitness and the child, who is sixteen, did not want to go with him. The mother is willing to sign over her rights to her daughter so that the daughter can get custody back. Is that possible?

It is not possible for the mother to execute a document that will either give the older sister custody rights or standing to pursue custody in court. If the child is in danger, the older sister can report her concerns to protective services.

Realistically speaking, the child's mother is going to have to bring a court action seeking the return of the child to New Jersey -- but as long as she's in jail and unable to provide care for the child, unless convinced that the father is unfit, odds are the court will allow the child to remain in the custody of her father.

While in some circumstances it may be possible for a third party to enter a custody case and seek custody of a minor, and that might be a possibility for the sister if the mother files a custody action while in jail, that is a strategy best discussed with a lawyer, as third party custody actions are difficult to win and even a small mistake can potentially cause the action to fail.