I am needing advice for my brother. He and his wife are still married no divorce has been filed and they have been seperated now for about 8 mths I guess. My brother worked out of town M-T, got home on Thursday nights and was at home on F-S, left late Sundays after the kids were in bed and asleep. She had the kids for the first 4-5 mths they were seperated, she got a job and got fired for stealing a customers credit card #....and never got another job after that, my brother still paid all the bills, plus gave her money for child support, he keep reciepts, journals, etc...... She got on drugs really bad, and her dad came from IN and got her and the kids and took them to IN for 2 weeks, made her go to the doctor, she almost died from the drugs. When she got back from IN, she was evicted from my brothers house because she didn't pay the rent. He got an apartment close to me which is 80 miles away from where they were living, put the 6 yr old in school, found a babysitter for the 3 yr old, and keep his job too. He started right away on getting transfered back into town, but it took a few weeks, so the kids stayed with me whiel he was out of town. They still talked to mom and he let her see them as well. While he had them she never paid anything and she also gets food stamps didn't give any of them to him for the kids, he paid for everything. Well on 3/10/06 he let her come get the kids for her visit (which was every other wkend) and she refused to let him have them back when he called to get them. She want let him see them and they don't want to talk to him.....when thats all they wanted when were with me always cried for daddy not mommie, and now they don't want to talk to him? She is threating him that Possession is 9/10th's of the law and she has the kids? Not sure what that means... but she still has no job, no car, living w/ her mom in a 1 Room 1 bath house.....I need advice on my brothers chances of getting custody of the children.....there is alot more to this story but I am tired of typing.... this is the short of it........any advice anyone?

Anyting short of a court order delivered by law enforcement there to execute the court order- he is not getting them back. That is what she is saying. I suggest you tell your brother to go consult an attorney. His other problem- serving her to get custody. He can report this as parental kidnapping, but based on what you are saying nothing is really in place to say that it is so the police will likely say to go to court to get it resolved.