My brother in law (BIL),divorced, died on October 16th.He left behind my two wonderful neices aged 11 and 14. My wife and I have always been in their lives. BIL had full custody of the girls. The ex wife had weekend visitation for 24 hours two times a month. She has had 3 more children form another man, split up and has since married another man. The ex wife's sister also lives with in the same small house where her 3 small children also reside. My neices approached me when he passed away at his deathbed. They pleaded that they do not want to live with their mother and asked to live with us. They do not want to be pulled from their school, friends, church (we are their godparents)sports,& their grandma who lives nearby. We met with their biological mom. She told us that she may grant us custody under the condition that she gets to visit the kids more. What immediate steps can we take to get custody and help these kids? We are parents of three grown daughters 22,20,&17. Thanks
2007-10-21 15:51:59 · 5 answers · asked by Mr. C 1 in Family & Relationships ➔ Family
Get a lawyer.
2007-10-21 15:55:34 · answer #1 · answered by tjnstlouismo 7 · 0⤊ 0⤋
It is unlikely that you will get custody of these kids without the mother's agreement. And even then, she can come back and ask for custody. I dont see any compelling reason to believe that you having custody will "save these kids." They dont seem to be in danger of abuse. Kids often are confused after the death of a parent, and any prudent judge would wait before making such a drastic order so close in proximity to the death of a parent.
Where are the kids staying now? With mom? I dont think immediacey is needed here since the kids are not in danger. I think you need to let the trauma of the father's death sink in before you start instituting legal proceedings for custody. Nobody is rational yet. Especially not the kids. As their grandparents, you must recognize that as they grow older, so will YOU. And the gap between your ages may cause problems down the road.
Consider ALL possibilities. Not just your desire to "save" them. They dont sound as if they need saving. They need the adults in their lives to make the resonsible decisions without custody battles.
2007-10-21 23:16:29 · answer #2 · answered by Toodeemo 7 · 0⤊ 0⤋
Get a child advocate lawyer for starters, they can petition the court.The lawyer would be the kids lawyer. You can ask for guardianship. The BIL should have had a will to the effect of who he wanted to raise his kids. Check to see if there is one.
2007-10-21 23:09:14 · answer #3 · answered by Granny 1 7 · 0⤊ 0⤋
need to address a lawyer in legal terms....but by all means get proof of arrangemnets and life style of real parent.......all things are consider in family court...but really unless she signs over rights ( unless there are reasons such as abuse / drugs and such ) she has all legal custody by law.........but please seek an attoirney who knows the system...and kids do have a say........remember that....and ask that a Guardian- ad litem be appointed for the kids..........thats someone useally an attorney who is looking out for there benefit not yours nor the parents.............and they take the kids interest to bare !!!!
2007-10-21 22:58:07 · answer #4 · answered by hghostinme 6 · 0⤊ 0⤋
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2007-10-24 04:08:28 · answer #5 · answered by Anonymous · 0⤊ 0⤋