Can my dad get custody of me even if he is unemployed?

Almost all judges will respect the wishes of the minor. You are over 12. So, it is likely if you wish to stay with your aunt, and she wants you, there would be no problem. Be sure you make it clear to everyone that you are happy where you are.... and make sure the judge, if it comes to family court, understand that verrrryyyyy, verrryyyy clearly.

Since you indicate that you are allowed to express your feelings to the judge and he can legally take them into consideration then explain exactly how you feel--you want to live with your dad, you feel loved and welcome there, and you don't feel the same with your aunt. The court system favors the biological parents under almost any circumstances. Your aunt will likely have to prove that your father's home is neglectful or dangerous to win. [Add] Not all jurisdictions allow minors to decide. I know of several divorced parents in custody battles over their 12-16 year old children and their children are not allowed any say in the matter by the judge. It's due to law. Some states allow it, some do not.

It would depend on several factors. Can Dad afford to have you living with him full time? Is the house or apartment large enough to accomodate another person? The courts WILL generally listen to a person your age when it comes to where you live....but you have to have a good reason. Why is your aunt's house not suitable. Truth only.