I live in "N.Y." , my sister died a few years "ago." The boys father gave his parental rights to my other sister now she is abusing them mentally and physically by yelling all the time and she allows my brother to beat them welting their bodies with a "belt." How can I get custody of them? :(

Have him arrested for abuse.

How did he give his rights away? Were they adopted by your sister? If not, he didn't give away his rights. He may have given them custody, but that's different.

He can probably take them back and let you take them.

Or just have your sister and brother in law arrested (as they should be) and let the CPS know that you would like to foster the kids. Since you are family, you are usually at the top of the list.

Agree with Stevetcg - why the words in quotes?

What state are the children residing in now and how do you have this information about beatings and welts etc ?