You're talking about several different things. First, no one is taking ALL your brother's "parental rights" away. That said, because your brother is in prison, he cannot, obviously, care for the children. That means the kids go to the mother. Your brother's girlfriend has no rights whatsoever. If your brother is concerned that the kids are in danger with the mother, then he needs to contact CPS and get them to do an investigation. If they are in danger, the kids will go into foster care or be placed with some relative (like grandparents). To be clear, though, the girlfriend gets nothing.
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No. This is a loaded question and has many facets. This should be discussed with an attorney on how to properly protect his rights.
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