Hi A.,
First off I do want to say it is very honorable that you and your family are willing to take in your nephew while his father tries to figure out what he wants out of his life. (And I agree it should be a no brainer for him, but sometimes people are blinded by whatever!) But from my own recent personal experience with this, let me tell you to proceed with caution. I'm not saying don't do it, but consider all of the ramifications. My mother-in-law died last February and we took in my 15 year old brother-in-law. He's a good kid, but he had a rough upbringing with little to no boundaries and expectations for academics or behavior,etc... Surprisingly with that said he wasn't a monster, but it was certainly an adjustment for both him and us to get thrown into our way of living, which was quite a bit different. Anyhow, unfortunately there were too many issues to overcome and just a few weeks ago he went back to live with our other sister. (He grew up with her and is more comfortable with her, although I'm a little sad about it because his opportunities might not be as much there for many reasons). Please make sure you, your husband, and your kids are all on the same page about it. And realize that your feelings may change too once he's in the home. That's what happened to me. When my MIL died my husband and I were wholeheartedly agreeing that our brother should stay with us, we loved him and wanted to give him the best. But as time passed and I realized how many things were changed and affected by it my attitude was really affected. I am ashamed to say that I got bitter about certain things and I know he felt my resentment about him being here. Unfortunately I reverted to being a selfish brat, truthfully just wanting my old life back with my husband and two babies. It was hard because he got in trouble SO MUCH at school, lying, stealing, fighting, bad grades, etc... Needless to say it didn't really help with my attitude and willingness to help him when he made such dumb choices. I know I am the adult and should have been acting as such, but until you are in those shoes it is hard to judge and say how you'll be. I wish I could do many things of the past year over again, and sometimes I wish he was still with us but I know he's happy where he's at now even though he misses us and his niece and nephew too.
I dont' know how old your nephew and children are, and how long you plan on him staying with you (temp or perm) but please try to consider what may happen down the road in either circumstance. Let me at least advise this: don't jump right in and adopt him at first. Let him live with you guys on a trial basis for a set period of time (6 months, 1 year, whatever you and his dad agree on). If you still feel after that time you want him in the family permanently then get guardianship. But that way if things for whatever reason don't work out, or his dad finally wakes up and wants him back so he can be a father then you have less to go through. And again, I think you and your husband should be commended for helping the boy. I pray your family can accept him as one of your own and give him the love and attention he deserves. Good luck!