my story is that i had my brother and his gf living with me last fall when my brother got picked up on a warrent and went to prison and the gf went on the streets to pursue her drug addiction. i filed for permenent guardianship of their two year old son and got it. my hubby and i already have 4 kids ranging 19-3. i have had so many issues with family saying i should have put him in foster care, no family members offer to help with the burden and now my brother is out on parole and is upset we moved 1200 miles away without his permission. it is also stressfull raising my nephew as he poops in his diaper 3-4 times a day, has blood curdling screams when he dont get his own way and starts his day at the crack of dawn. top it off i am expecting another baby so i am a bit overwhelmed. he does call us mom and dad too. i cant just throw him away. he had such a hard life with two drug addict parents and i believe his mother drank while pregnant. i wont feel right to hand him back to his dad with out him proving he can raise his son. my brother also says he does not want to go through the courts to get him back. any feedback is welcome. thanks.
Your brother needs to go through the proper channels to get him back. Until then, you are the legal guardian whether you give him back to your brother or not. If anything should happen to him in your brother's care, you could be held responsible for it. If he goes through the court to get his son back, he'll have to show them he's capable of taking good care of him. The system is there to protect your nephew, let it do it's work. It sounds like you've provided a good home to your nephew, he's at a rough age to deal with, especially while you're pregnant and tired. Is there any way you can get some help with him? Is he old enough for the preschool where you are, maybe even just getting a little break a few times a week would make a difference for you.