Have Legal Questions? Ask a Lawyer Now.
*Due to rules of your state bar or mine, nothing herein is intended as legal advice, only intended as general information to better help yourself.*
So sorry to hear of this dilemma. If my answer is not clear to you, please ask me for clarification by using the reply button.
You may petition the court for third-party custody of your nieces. Based upon the fact that your brother has allow the children to stay with you and your parents and is unable to care for them, the court will likely grant you custody
. Here is how it works. The law presumes that it is in the best interest of a child for that child to be with a parent rather than with a guardian or third-party custodian-- even if that 3rd party is an uncle, grandparent or other relative.This presumption may be rebutted by the totality of the evidence presented. If the court finds that the presumption in favor of the parent has been rebutted, you will also need to demonstrate a strong emotional bond with the child, in addition to an ability to provide for the child emotionally and physically. I suggest that you retain local legal counsel to petition the court on your behalf