Can I get custody of my nephews?

[Fine]

Recently my brother's wife has been threatening to send him to jail and solely because he already has a felony and it wouldn't be hard to do because she is a very good liar and puts a front on for everyone. She is very unclean and neglects her children. She's been reported to CPS twice, but since they notify of their visits she has time to prepare. He tries very hard, but he can only do so much with 2 young children. She will just leave because she is suddenly mad at him or needs "her time" and takes the car their phone. I've had to buy diapers and the baby milk constantly because she says she didn't know they were out and puts all the responsibility on my brother, who is always stuck home with no car because she is always running around.

Is it possible I can get them even temporarily? I have a good job and my own place.

If anything any advice would be helpful. She's always calling us to come get my brother before she sends him to jail and when we arrive to see what is going on she says we're a problem and we need to leave immediately.

 

[army judge]

Recently my brother's wife has been threatening to send him to jail and solely because he already has a felony and it wouldn't be hard to do because she is a very good liar and puts a front on for everyone. She is very unclean and neglects her children. She's been reported to CPS twice, but since they notify of their visits she has time to prepare. He tries very hard, but he can only do so much with 2 young children. She will just leave because she is suddenly mad at him or needs "her time" and takes the car their phone. I've had to buy diapers and the baby milk constantly because she says she didn't know they were out and puts all the responsibility on my brother, who is always stuck home with no car because she is always running around.

Is it possible I can get them even temporarily? I have a good job and my own place.

If anything any advice would be helpful. She's always calling us to come get my brother before she sends him to jail and when we arrive to see what is going on she says we're a problem and we need to leave immediately.

When you spoke to the authorities at CPS what did they tell you?
When you consulted a lawyer, what did he or she tell you?

This is a small, privately owned internet forum.
No one here has any lawful authority to say who gets a child in Kansas, Idaho, Montana, Nevada, or anywhere else in the USA.

My guess is that it'll be very hard for you obtain custody of her children or your brother's.
Children aren't puppies or kittens.
Children are human beings.
They can't be swapped, traded, or gifted to relatives or friends.

 

[Betty3]

In my opinion, you will not likely get custody of the children. However, you need to talk to CPS & a lawyer as suggested. This would need to be done through the court system if it can be done.

 

[disagreeable]

Sounds like your brother should leave her before she gets him in trouble.

 

[Betty3]

Agree with above responder. Has your brother possibly considered a divorce?

 

[ElleMD]

Unless the children are in danger, CPS isn't going to get involved. Your brother's lack of a backbone and marital issues are not the concern of CPS. If your brother has a felony record, he is no angel. Even still, she can not send him to jail. That isn't how it works. She can call the police and report some crime he committed but it would be up to the police to even arrest him, then the DA to charge him, then a trial judge to convict and sentence.