Hi, My mother past away last week and was supposedly married but she filed a divorce, Who get my 5year old sister, her supposed husband is a crack head and was threaten my mother life so she was filling for sole custody and didn’t wish for the child to go to her father? Yes he is on birth certificate, just he is a danger to child, homeless, on drugs, threathen the lives of others.
The quick answer would be the biological father unless there had been some type prior court proceeding (for example – a termination of parental rights) that would have prevented him from having custody. If you would like to pursue custody you can either file in juvenile court for guardianship or perhaps in family court for in loco parentis. This situation is very complex and we recommend you contact an attorney.