Does someone in my family have the permission to become the legal guardian of my nephew?

I recommend that your father petition the Court [Orpans' Court or Surrogate Court, or some similar court]. To begin the process, consult with a good family law attorney. The process begins there. If the boy's dad who was just released from prison can't handle raising the child, the county social services office will remove the child from his custody. Make sure you start with the attorney. If you can't afford an attorney, the Legal Services [Legal Aid] Office handles civil matters like this.

While the dad is generally the 'first in line' in this situation, the court looks at the 'best interests' of the child. Anyone. Repeat, Anyone has the right to petition for a guardianship over someone else. However, they have to serve those with superior rights to give them the chance to appear in court. If they appear, then the court will balance the 'best interests' of the kid, according to that judge's opinions. Emergency guardianships work in generally the same way. My answer is based on Oklahoma law, which is pretty average. Talk to an attorney, it is possible.

The only way to do this is convince a judge that custody should be with someone else, and that will be a very hard thing to do.

except he's being abused or mistreated in some way, you possibilities of convincing a decide that eliminating him from a organic and organic determine who seeks custody and awarding custody to somebody on your area of the family contributors is nil to none.

If the father is capable and willing to take the child, he gets custody. It is HIS child, not yours or the rest of your family. He is not required to allow any extended family to visit.

In short, it's none of your business.

i would say the kids father has more right than you. "possibly upset" ... really? you dont know anything about their life ATM and your going to say "it would definentely be best for him" ?? im sorry, but **** YOU.

someone from your family domestically abused him and now someone from your side of the family is trying to take his kid away? wtf is wrong with you?

edit:

when you read this, would it be alright if you clicked add details and told us a bit more about the situation; peeked my interest... but idk if its too personal?

in any case; i hope your nephew ends up in whichever home is best for him... and not just what you think is best for him.

His father has more right then anyone else, the same as your father has with you...