My husband and I are wanting to adopt his brothers little girl. We are not sure how to go about the process and really don't even know if we can. His brother and the girlfriend are both very unfit and we are afraid our niece will be taken and put into foster care. They just split up and our niece is with her mother but where they are living is not a place for a baby and my husbands brother doesn't seem to care. So if the mom can't keep her in a fit household and his brother doesn't even try to straighten his life out to take respobsibility for his daughter we want to take her. Because the last thing we want is for her to be put in foster care. Mainly what I want to know is... is it possible for us to get custody of her and if it is then how would we go abut the process.

You have to START by proving that they're unfit parents. That usually involves calling CPS.

OR you can get them BOTH to agree to relinquish parental rights.

You are better off talking to them and asking them to give you custody and guardianship than trying for adoption.

Since adoption is forever, and you'd essentially be taking their child away from them---count on a family feud that makes you out to be the bad guys, regardless how badly your brother-in-law is acting.