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How can I get my children after their mother died?

Allen, TX |

My x wife had primary custody of our three children. all under 18. She passed away and her mother has swooped in and thinks she has rights to the children. I am listed in the custody papers as still parent. The grandmother is refusing to release my children to me.

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Attorney answers 4


Under usual circumstances, you have custody of the children. Please get an attorney involved- this should not be expensive.


Get a certified copy of your order and go pick up your kids. The grandmother is grieving and probably just wants to maintain a connection to the kids. It will probably be in tge kids best interest to visit her. But they should live with you.

This answer DOES NOT establish an attorney-client relationship. This answer is based on the limited information provided and is not intended to be conclusive advice. There are likely other factors that might influence or change the advice after a more lengthy consultation.


Hire a family law attorney to represent you in enforcing your parental status over the children.


They should be legally with you so go get them. If she does not agree you may have to have the police intervene. You are their father and they belong with you. You should consult a local family law attorney but the longer they stay her she may actually establish standing to sue for custody. So you see you must act hastily.

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