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The best person to file an action for custody or visitation would be your mother. Siblings do not have the same rights as parents in seeking custody. They may be able to do so but they have a higher burden to meet as siblings do not have a constitutional right to the care custody and control of fellow siblings. If your mother files the petition for visitation or for custody you can join her in that petition as what is called an intervener. As long as she has no mental health issues and has a stable home she should be able to obtain custody back from Aunt, especially with your support. She needs to file as soon as possible in order to not allow aunt to have a longer status quo with custody time of your sister.
I hope this information and advice is helpful and I wish you the best of luck.
Actually a year is not that long. I've seen Kase where grandparents have raised a child for 8 years and then father came back to the US and obtain custody. The question will be what is in the child's best interest. The more problems and concerns you can raise regarding how your aunt is raising your sister the greater your chance of success. If mother has also utilize this time away in order to remedy any issues she may have and has now solve those problems she would be in a good position.
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