Your mother isn't being taken to court by the school for custody. If your sister isn't going to school the school can file a CHINS petition, but it has nothing to do with custody. If you believe your mother is not a fit parent you can file a third party custody action alleging that (I assume your father is completely out of the picture) and if the court so finds, it has the authority to give you custody. The school situation is a some evidence of your mother's failure as a parent, assuming of course that your sister isn't just skipping school. So you will have to have more than that.
Answered on Nov 27th, 2013 at 4:11 PM