Child custody

What is the name of your state? Texas
I have a nephew by marriage that has 2 children (age 2 & 3) with a woman he was living with, never married legally and now are seperated. Mother lives in a motel and had the children living there with her until 4-18-03. Father lives with a sister. Neither parent has porvided a stable home for the children, moved around with family and friends all the childrens' lives. Neither parent has a job other than a few hours the mother works in the night club at the motel to pay her rent. 4-18-03 The sister went to the mother and ask her to let her take the children and sign custody papers, she refused to sign,but did allow her to take the children. Father signed custody papers to the sister with a option for her to appoint another as guardian. Both the father and sister then immediately brought the children to me and my husband to live with us as they knew we wanted to adopt a child. They have lived with us 24/7 since 4-18-03 without either parent contact.
My question is do we have any legal rights to have them living here? And can we get legal custody?

Originally posted by texagin99
What is the name of your state? Texas
I have a nephew by marriage that has 2 children (age 2 & 3) with a woman he was living with, never married legally and now are seperated. Mother lives in a motel and had the children living there with her until 4-18-03. Father lives with a sister. Neither parent has porvided a stable home for the children, moved around with family and friends all the childrens' lives. Neither parent has a job other than a few hours the mother works in the night club at the motel to pay her rent. 4-18-03 The sister went to the mother and ask her to let her take the children and sign custody papers, she refused to sign,but did allow her to take the children. Father signed custody papers to the sister with a option for her to appoint another as guardian. Both the father and sister then immediately brought the children to me and my husband to live with us as they knew we wanted to adopt a child. They have lived with us 24/7 since 4-18-03 without either parent contact.
My question is do we have any legal rights to have them living here? And can we get legal custody?

You don't have standing to file a suit for custody---yet. If you maintain actual physical possession, care and control of the children for 6 months, then you will have standing to file suit for custody.