Is it custody the aunt has and not legal guardianship? There is a difference. Both are appointed though the court. Custody is usally not ordered to anyone except the parents. Guardianship can go to a relative. I am not an attorney and I would advise you to get one. However as far as I know you can give up the guardianship but you have to file a motion with the court to do so. The children could be placed in a foster home at that point. The guardianship has to terminated before your brother could file for guardianship you cannot have two guardianships at one time though the court for the same children. The court will look at what is in the best interest of the children.I am not understanding why the aunt would want to give the children up. Can't the children still see their uncle and have a good relationship with him while living with the aunt. It's just a few more years untill the children are of legal age and they need a stable home to live in. I do not know all the details about how this came about you never said anything about the absent parents and that also can make a difference. I would talk to your brother and tell him that you would rather the children stay in your home since the court appointed you the guardian and let him know he can get the kids sometimes and vist you have that right to make that decition. If on the other hand you can't continue to care for the children for some unforseen reason that could make a difference. But it will not be up to you to decide who you want to have the children only the court can make that decition.



