How can I have my aunt in Virginia gain custody?

Question

I am 16 years old and currently living with my grandmother in Alabama after being removed from my mother's care in Texas due to domestic violence and poor living conditions. Although I was placed with my grandmother, I am unsure if she has legal custody or if my mother retains control over where I live. I want to live with my aunt in Virginia, who is willing to take custody of me, but I’m afraid my mother and grandmother might force me to return to a harmful situation with my mother. I plan to speak to my case worker but am concerned about my safety and legal options. What steps can I take to change my living arrangements and have my aunt gain custody?

James L. Arrasmith · Answer

First, it’s important to find out who currently has legal custody of you. If your grandmother has custody, she would generally have the legal authority to make decisions about where you live, but it’s crucial to confirm this. Since you were removed from your mother’s care due to safety concerns, the case worker should be able to provide clarity on the custody situation. 
 
If you want to live with your aunt in Virginia, you can talk to your case worker about your concerns. They may be able to help facilitate a change in your living arrangements if they believe it would be in your best interest. In some cases, a custody modification request can be made in family court, especially if the current living situation is unsafe or harmful. 
 
It’s also important to make sure your safety and well-being are the top priority. If you feel that returning to your mother's care would put you in danger, discuss this with your case worker and consider contacting a child advocate or legal professional. They can guide you through the process of seeking a safer living situation with your aunt.

Q: How can I have my aunt in Virginia gain custody?