Child Custody

My name is Ramon and I'm helping my girlfriend get info. on getting custody over her twin brothers. You see my girlfriend and her brothers live with her mom. And to be honest she is not able to care for them because she is a substance abuser. And my girlfrind wants to get custody of her brothers she is old enough she is 18 years old and she doesn't want C.P.S. to take them. She is a lot more responsible than her mother and really cares for her brothers and wants to take them, but her mom will not want to give them to her so we are a little lost if they do take it to court who will more likely get them? If i could get some help we would really appreciate it cause my girlfriend needs answers before she takes the next move. If anyone has a response or something that can help her please e-mail me at ramonlopez760@yahoo.com. Thank you. :)

Your girlfriend probably doesn't have any legal right to seek custody of her brothers, but may be able to seek a guardianship. As long as she continues to live with her mother it is not realistic for her to expect to prevail in any custody or guardianship proceeding against her mother. Her exact rights will depend upon the state in which she and her brothers reside.

Thank you for your help we really apprecate it.