My brother had two children by his girlfriend a son and a daughter. Their relationship did not work out and she remarried. During the marriage without my brothers consent the children's names were changed to the step fathers. Recently my brothers ex and his daughter were killed in a car accident. His 8 year old son was the only survivor. My brother has had some drug problems in the past but has cleaned up his act. He has always had a good relationship with his children and when the step father and his ex went on holidays they would always allow my brother or me to watch the children. The day after the accident the step father went to court and told the court that he was unfit and was given temporary guardian. Now my brothers son is being kept away from his biological relatives. I would love to adopt my nephew but am being told the step father will get custody after 90 days. My brother wants to raise his own son but because of his past mistakes is being denied this opportunity. Is there anything that can be done. I am retired and know I would be a better parent than the step father. Financially my husband and I are able to take care of my nephew without any type of monetary help from the step father or my brother.

You don't say how long the ex was married to the step father. That could have a bearing.

Bottomline though is you need to see an attorney. If the step father adopted the kids without your brother's consent then that may be overturned. Even if it was just a matter of legally changing their names, if your brother did not consent that would be a violation of the law.

You need to consult an attorney who can advise you of the chances and process for filing for custody. At the very least your brother should be able to get visitation rights enforced.