my daughter had devic"s and it put her blind and couldnt walk,her husband left her and her 2 little boys for another woman,i helped my daughter with her children for over 6 years,the father hardly ever was there,my daughter passed may 29th of may 2012,she wanted me to have her children i am like a second mom to them,i havent got to see them every since my daughter"s funeral,he doesnt even have the kids his mom does,he is a long distance truck driver,could you please give me advice? thankyou
First, your daughter could not have "willed" her children to you. Children are not property which you can will to anyone.
If your daughter had a written will, she could have appointed you as the guardian of the children in her will. She also could have kept a notarized statement with her will explaining the reason for her decision to make you the guardian and why the biological father should not.
Did she do those things? Have you filed a guardianship petition? You need to see a family law attorney now.
You can file a complaint for custody. You have to prove that the father has either abused/neglected the children or that he has acted contrary to his constitutional rights as a parent and that it would be in the children's best interest to be with you. The other attorney is correct, you cannot "will" someone your children. You should meet with a family law attorney in your area as soon as possible to discuss your chances of getting custody.
The information contained in this answer is not intended to be legal advice as the drafter of the answer does not know particular details about your case. For more information please visit our website www.bakerbillick.com
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