sad story... where is mom? I ask out loud, why does caring hurt so much? have you asked your brother to consider the best interest of the child? how long will he be in jail? this may be an oportune moment!!! he might be clean enough to do the right thing... addiction does not disappear... has dcyf (the state) been invoved? who is the guardian? you will be better off if you can convince him to surrender custody and offer to allow him to be part of the childs life... how old is the child? boy or girl? beg, cry and if that doesn't work, journal everything he does and says... keep to the facts, keep dates and the childs reactions... cross all your t's... this is a powerful tool in court!!! you can go into the superior court house and get papers to apply for custody, pay approx 125.00 and the court will hear your case. have facts and proof of your facts!!! if it is bad enough you won't have to fight hard...courts are usually very easy on pro-se people. I am not a lawyer but have been in the courts my share... don't just talk about it, take action!!! the child needs to be safe and loved!!!!