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#1 LFlowers03

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Posted 08 September 2011 - 11:10 AM

Hello I live in Illinois.  My Daughter just passed away, leaving three children who are minors behind.  She had wrote out her last wishes and given them to our pastor.  Included was the children were to be cared for by me.  Two of the children's fathers who haven't had much to do with their lives have now decided they want them.  The youngest (10yrs) spent the weekend with his other grandmother and his father took him from there and will not return him to me.  He stated that I would have to bring him to court.  He is eight thousand dollars behind in child support and saw my grandson maybe twice in the last year.  My grandson has spent most of the last few years living with me.  Can I win against his biological parent? 


My grandaughter's father has not said much but has made mention that he was going to be taking her.  She is 15yrs old.  Her father lives in the same town as us but rather sees her let alone calls her.


Please tell me what I can do to get my grandchildren.  My daughter hasnt even been laid to rest yet and I just dont know what to do to be able to keep them.



#2 Ted_from_Texas

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Posted 08 September 2011 - 02:17 PM

When one parent dies, sole legal and physical custody passes to the other parent by operation of law (that is, automatically) regardless of whatever the deceased's parent's wishes were regarding care of the child.  In order for you to successfully obtain custody of your grandchildren over their fathers' objection, you would have to present convincing evidence in court that the fathers are unfit parents.  Can you do that?  A local family law attorney can look over all the facts and give you an idea of what you're up against and how best to present your case.




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