My nephews mother has not been in contact with him in over 2 months. My mother has custody. My brother died of a heroin overdose. His wife, the child's mother was also using. She has not abided by anything the judge told her to do, not even contacted or seen my nephew. What amount of time constitutes child neglect? When can my mother gain sole guardianship?

There is no abandonment in the pure sense of the word, since the child is left with a responsbile adult, who appears to have the legal guardianship or custody of the child, although that was not clear.

This will normally be a case for case issue, where the judge decides and rules on the case.

She will need an attorney, the laws get complicated.

You can file for sole guardianship immediately, and should do so.

Your mom currently has Legal custody? Awarded by a court? If so, what were the terms of that custody?

It may be that your mom doesn't have to do anything at this time. If you are worried about the mother regaining custody, I wouldn't bother doing so until she actually starts doing what the judge said to do.

Frankly I think mom would be wasting time and money to do anything now. The court is likely to say you have custody now, wait until the bio mother tries to regain custody to do anything.