How can I get custody of my nephews they are 12 and 14 years old. The boys are in foster care because their mother is locked up and my brother doesn't have the means to take care of them. When my brother visited with his sons it was clear that they were unhappy, they were crying their little eyes out. Being that they are family it breaks my heart to know that the are in the systems custody. I would like to know if there is any way I are my mother can get custody of them. We are in the process of moving into a bigger house and would have plenty of room for them.

What State? You cannot adopt without the consent of the birth parents. Why doesn't your brother move in with you and your mother and care for his own children?

You could retain an Attorney and request guardianship. The Court would then evaluate all parties and your financial circumstances, not just the size of your house, and make a recommendation.

What you are looking for is guardianship, not necessarily custody. There is a subtle difference between the two. But getting temporary guardianship will be easier.

If they are currently in Foster Care, talk to their case worker. Explain that you are willing to foster them, at least until your brother is able to care for them. That would be the easiest path.