My niece and nephew have had it pretty ruff for their ages, they are 2 & 4 yrs old. In 2010, my brother and his estranged wife separated by choice. No legal paperwork. He had found out she was seeing other men. She moved out a left the children behind. My brother has been taking care of them since. My brother had a mental break down, the mother is now living in a 2 bedroom apartment with her sister. Now she is wanting to play mommy so that she can get benefits from welfare. Until this time 2 weeks ago she would only pop in for a couple of minutes and see the kids then leave for a few days. There was time that she would be gone for day, weeks and even a couple of months would go by. My brother has now moved to continue his recovery. Do I have any legal rights to my niece and nephew. They need a stable home. Instead of moving from one place to another and have their own rooms.

Legal rights? No, these are children, not furniture. That being said - go to Court. Prove the parents are unfit or neglectful. Where are the children? With your brother?

Have HIM petition the Court to allow you to have guardianship of the children. She'll be brought in and then she'll part of the argument.

The Court will decide what is in the best interest of the children.

The children are fortunate, indeed, to have you to watch out for them and you have to make your move before something "bad" happens.