This has been bothering me for a few days...
My younger brother's wife Bianca has made a new guy friend. Which would not be any problem, expect she's been staying over at his house until 12-5 am and as much as she possibly can (which, for someone who does not have a job, is a lot, not to mention the wasted gas). Staying out until 5 am by yourself with a guy is pretty sketchy.. and then you look at what she has done in the past when she made a new friend..
They were staying (brother and his wife) at their friends place and my brother walks out (because they were outside) on his wife and their new friend having sex. This, of course, started a fight to which she took off with their child, telling people my brother abused her and Ashlyn (my niece) and my mother (whom they all stayed with) threatened her life. She would not let my brother see his child for 4-5 months, until he (and my mother) allowed her to move back in, because he just wanted his child back.
No one really cares about her, but it's my niece that everyone is worried about. She's not a good parent, and any money she gets, she'll spend on herself rather than her child. The saving grace is my mother who takes care of Ashlyn as much as possible.
I've been looking into trying to find a way to adopt her, but I would have to have both parents agree to it unless I can find some way to prove that she is an unfit parent. Texas only has one strict ruling and that is violence, anything else is "best interest", which I fear would be "whatever is easiest for them". The adoption would cost about $15,000 and I would have to have someone come out and do a homestudy (which is basically to make sure I would be a fit guardian, and my house is safe for a child).
For all intents and purposes, I just don't want my family to lose Ashlyn. "what about the other side of the family?" They (and by they, I mean her two sisters) only come over about once or twice a year, despite living only 20 minutes away
There's more!
My fiance is worried about his sister because she has been going through depression after her battle with cancer. No one in his family will help her out, despite their father moving into a new house with two spare bedrooms. So she will be moving in with us in about two weeks... so I'm a little apprehensive about this because we have a few things to fix around the house and get our spare room ready for her. She's also insisting on taking a bus and getting here around midnight.. which would be hell for me if I have to work the next day. Fun..
It sounds like you really want wants best for your niece! Has your brother made any attempt to get sole custody? Bianca's behavior is definitely worrying, and I would assume a judge would look in your brother's favor. At the very least, consult with a lawyer who specializes in family law. If your brother is willing to sign over custody, then take him with you. He further backs up the claim that Bianca is an unfit parent and that it's in the best interest of your niece for her to be adopted by you.
It's possible that Bianca could still end up in her life, but hopefully in a much less prioritized role. Your niece deserves so much more than Bianca. Unfortunately, if Bianca is unwilling to sign over custody, it will likely be a long battle. For what it's worth, you're doing the right thing.