Legal Question in Family Law in California

If she has been declared unfit to be a mother then cps has jurisdiction over any future children at birth. If you think about it, it only makes sense. An unfit mother isn't fit to choose who will have temporary custody either, at least not without cps approval. Since the mother could always assert her rights over you or your brother if cps didn't take control, the fact that you and your brother might be perfectly fit doesn't matter. cps has to take control and THEN sort out who will have custody of the child. You need to work with cps to demonstrate that you would be the most suitable custodian for the child. You are also going to have to deal with why your brother is with this woman and what parental rights he wants to assert. cps holds the cards.