How to Get Custody from a Surviving Parent

My question involves a child custody case from the State of: Indiana/Virginia
Recently, my wife's niece sadly passed away 3 days after giving birth to a baby girl. She had a 2.5y/o and an 11y/o as well. She was married to the birth father of the newborn and the 2.5 y/o, but the 11y/o had a different father from a different country. He and his mother (our niece) were here on green cards. My niece's husband never filed for adoption while my niece was still alive. But he did file for temporary custody after she passed in fear of any immigration laws that might effect the 11 y/o.

Without a whole lot of evidence, we feel he is not a good role model for these kids. Heavy drinking, womanizing, and sexual comments leads us to worry about their safety.
My question is: My wife is the only blood relative in this country of the deceased (except of course the two other children) so we're wondering if she has any legal claim to the 11 y/o or the other children ?

Thank you for your support and advice.

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Quoting ms1jac

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My question involves a child custody case from the State of: Indiana/Virginia
Recently, my wife's niece sadly passed away 3 days after giving birth to a baby girl. She had a 2.5y/o and an 11y/o as well. She was married to the birth father of the newborn and the 2.5 y/o, but the 11y/o had a different father from a different country. He and his mother (our niece) were here on green cards. My niece's husband never filed for adoption while my niece was still alive. But he did file for temporary custody after she passed in fear of any immigration laws that might effect the 11 y/o.

Without a whole lot of evidence, we feel he is not a good role model for these kids. Heavy drinking, womanizing, and sexual comments leads us to worry about their safety.
My question is: My wife is the only blood relative in this country of the deceased (except of course the two other children) so we're wondering if she has any legal claim to the 11 y/o or the other children ?

Thank you for your support and advice.

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The children and dad are in Indiana and you are in Virginia?

yes

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Quoting ms1jac

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yes

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I really don't see the State of Indiana splitting up the children. I also fail to see how it is that you who are several states away know about Dad's habits.

If custody is a viable option, then we would not seek to split up the family. We know of his behaviors from first hand witnessing, and through communications with the nanny, my daughters, and members of his own family who have all had 1 to 1 contact with him over the past 6 months.

BTW: thanks listening and trying to offer advice. I truly do appreciate it

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Quoting ms1jac

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If custody is a viable option, then we would not seek to split up the family. We know of his behaviors from first hand witnessing, and through communications with the nanny, my daughters, and members of his own family who have all had 1 to 1 contact with him over the past 6 months.

BTW: thanks listening and trying to offer advice. I truly do appreciate it

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Here is the problem. The two younger children have a father who is present in their lives, and who can apparently afford a nanny to care for them. Your odds of being able to get custody of those two children are slim to none. Even if CPS were involved they would first try to place the children with relatives (possibly from his side of the family) in Indiana.

The older child is a different story. You would have a greater chance of getting custody of that child, simply because she does not have a father present. However, again, that would be separating her from her siblings, and that probably is not in her best interest.

Thanks llworking. Probably not what I was hoping to hear, but you've allowed me to think about this with a little bit more clearity. He can affoard the nanny, but doesn't like keeping her on "his" payroll. For that, he has made a trip to the Philippinnes to find his "replacement wife". His motives are beyond me other then perhaps he would rather have another wife rather then continue to pay a nanny. He says he loves his children...but apparently his diffinition of love (and respect) are diffent then mine. Not that I would wish to break up the family, but the 11 y/o has been in my life since he was 2 months old and I just feel I know what's best for him in terms of a role model and father figure.
-please excuse my spelling.

Thank you all once again for your support

- - - Updated - - -

So I've did some continued research. History: Within days after our niece died (who is from the Philippines) the Philippine consulates office contacted us and said that since the 12 y/old's mother was deceased, that his grandmother in the Philippines had legal right to his custody. At that time we fought against this by adamantly defending the husband of my niece because we did not see where going back to the Philippines was in the best interest of the child. At that time we had trust in him.

Fast forward: I've contacted the consolidate office today to see if there was any legal action I can take. I was told that since he custodial parent has legal custody he could voluntary sign custody over to my wife and I...(probably not going to happen).

The second options is that the grandmother who is overseas, could revoke the custodial parents guardianship by presenting a formal letter to the consulate stating that she would like for us to be the custodial parents. Again, In the eyes of the Philippine consulate, the Grandmother has the decision in this case????? So assuming that the Grandmother does indeed write the letter or fill out the necessary forms, then what?
I would still need a lawyer...and I will still need to somehow convince a judge that the 12 y/o would be better off in my custody wouldn't I? Of course I don't how how I can make that case by seeking custody of the 12 y/o and not the other two??? reminder: the other two children are his biological children, the 12 y/o is not.

Any suggestions???? Since my niece and her son are in this country on green cards, I'm a little concerned that the consulate might somehow make him go bake to the Philippines

Quote:

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Quoting ms1jac

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Thanks llworking. Probably not what I was hoping to hear, but you've allowed me to think about this with a little bit more clearity. He can affoard the nanny, but doesn't like keeping her on "his" payroll. For that, he has made a trip to the Philippinnes to find his "replacement wife". His motives are beyond me other then perhaps he would rather have another wife rather then continue to pay a nanny. He says he loves his children...but apparently his diffinition of love (and respect) are diffent then mine. Not that I would wish to break up the family, but the 11 y/o has been in my life since he was 2 months old and I just feel I know what's best for him in terms of a role model and father figure.
-please excuse my spelling.

Thank you all once again for your support

- - - Updated - - -

So I've did some continued research. History: Within days after our niece died (who is from the Philippines) the Philippine consulates office contacted us and said that since the 12 y/old's mother was deceased, that his grandmother in the Philippines had legal right to his custody. At that time we fought against this by adamantly defending the husband of my niece because we did not see where going back to the Philippines was in the best interest of the child. At that time we had trust in him.

Fast forward: I've contacted the consolidate office today to see if there was any legal action I can take. I was told that since he custodial parent has legal custody he could voluntary sign custody over to my wife and I...(probably not going to happen).

The second options is that the grandmother who is overseas, could revoke the custodial parents guardianship by presenting a formal letter to the consulate stating that she would like for us to be the custodial parents. Again, In the eyes of the Philippine consulate, the Grandmother has the decision in this case????? So assuming that the Grandmother does indeed write the letter or fill out the necessary forms, then what?
I would still need a lawyer...and I will still need to somehow convince a judge that the 12 y/o would be better off in my custody wouldn't I? Of course I don't how how I can make that case by seeking custody of the 12 y/o and not the other two??? reminder: the other two children are his biological children, the 12 y/o is not.

Any suggestions???? Since my niece and her son are in this country on green cards, I'm a little concerned that the consulate might somehow make him go bake to the Philippines

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The long hand of the Philippine law has no bearing in this country. As long as he and the children as here they all answer to our laws.

I can understand that..I'm not suggesting that the Philippine courts or consulate offices have any authority over the laws of this country...I'm seeking advice. Hopefully someone can point me in a direction to get answers???
whats my best avenue for representation? Ie: a lawyer who specializes is family law or one that specializes in immigration law?

Quote:

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Quoting ms1jac

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I can understand that..I'm not suggesting that the Philippine courts or consulate offices have any authority over the laws of this country...I'm seeking advice. Hopefully someone can point me in a direction to get answers???
whats my best avenue for representation? Ie: a lawyer who specializes is family law or one that specializes in immigration law?

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Why an immigration law attorney - there is no need. You will not be successful in your bid to separate these children. Unless this man is deemed unfit by a court of law, it is not in the best interest of the children to separate them.