Step Parent or Next of Kin

My brother is recently deceased leaving my nephew with no parents; He is 13 and has voiced a desire to live with us. We are willing to move closer to his school to ease any distress of change. At this point he is living with his step mom however, there is no know will to date. I live with my fiancé and our children as well as now providing a place for my mom who was up until my brother’s death living with my brother and nephew. How do I go about obtaining custody of my nephew? Is it even an issue? Shouldn’t we just be able to get his things and bring him to our home?he State of:

Is step-mom fighting your nephew's request to move? Does she want him to stay with her?

Given that there is no will, this matter will most likely be resolved by you petitioning the courts for custody. At 13, your nephew should be able to meet with the judge and effectively determine his own residence (assuming the judge agrees that he is old enough for such decisions and there are no objections to you assuming guardianship). My advice to you: meet with a lawyer and petition the courts to be appointed as legal guardian for your nephew.

Also, please bear in mind that depending upon your state's laws and your nephew's relationship with his step-mom, that even if you are awarded guardianship, she may be entitled to visitation rights.

Yes she wants him, she claims he was left to her in a will but we have found no will. he has lived with her and his father for only a little over a year before his fathers death. I dont mind her getting visitation, I just dont fill he should have to stay with her. Can I petition the court without a lawyer if i find and fill out the proper paper work?