My brother's son lives with his ex-girlfriend who leaves him several times a month for days at a time with her new boyfriend. The boyfriend has contacted my brother and asked that he come get the kids because he is trying to get of crack cocaine and meth and cannot take care of them. CAn my brother go get them or will he be arrested for kidnapping?

What is the legal custody arrangement? Is your brother the legal father?

This is NOT child abandonment, but if the boyfriend is requesting that your brother take the kids I would have him put that request in writing. That should cover your brother if the mother comes after him.

But your brother needs to file for a change of custody in court regardless.

I agree with ScottGem! Your brother needs to petion for custody if he is the biological father! I currently have permanet custody of my niece because her mother is a drug addict and the baby was born pre-exposed to drugs. I have had premanet custody since April 29, 08. I am a very big believer that if drugs and men are more important that your children they are better off with someone who can love them all the time! I would encourage him or someone in the family that has the heart to take in someone else's child and raise them like your own!!