Q: Can my brother force my spouse out immediately at my death?
A: How did this life estate come about? How is the house currently titled? How was the house titled immediately before the life estate was created?
My serious response is that you should plead guilty and serve the time. It's apparent that probation is not working in your case.
Ask the prosecutor for a deal.
Q: Is there any kind of background check required before custody is awarded?
A: This varies. If you want a background check in this lawsuit, request it.