If a seventeen year old has her mother pass away and her dad is in prison, who gets custody of them?

Question

My mother passed away a year ago and my dad will be in jail til april 2009. I turn18 this coming november. I have been staying with my aunt, but noone has petitioned the court for custody.

Answer 1

grandparents if u have any.

Answer 2

any family menber can get custody , as long as the teen agree,

Answer 3

a close family member or the state

Answer 4

I'd say Adult next of kin or the state as the other person said. Possibly if the 17 year old can prove that he/she is responsible enough to care for the other children, they may be able to stay together with the 17 year old as caretaker.

Answer 5

Not necessarily the next of kin. Whoever petitions the court for custody that is financially able to support them, has no criminal background and is responsible is the likely party.  

Answer 6

I would think that this would go before the courts and hopefully the mother left a will and there are instructions on who will get the minor children.  

Sorry for your circumstances, but things have a way of working out.