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Aunt and Uncle Want Guardianship of Their Deceased Brother's Son

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  • 06-10-2007, 03:02 AM
    SMMBMM
    Aunt and Uncle Want Guardianship of Their Deceased Brother's Son
    NY...We just found out that our brothers wife is considering giving custody of their two children (boy-age 4 and a girl-age 8) to her sister. Our brother passed away nearly 2 years ago at the age of 30 and unfortunately there wasn't a will in place. The boy is his only biological child. His wife had another son from a previous marriage and turned over custody of him to her mother. Our brother was in the process of adopting the daughter when he died suddenly.
    We know, based on conversations prior to his death, that he wouldn't want either of those children to live with his wifes sister; she has several children and an adopted son that she isn't very nice to. Just knowing that we may not have any say in the well being or guardianship of these two beautiful children, breaks our heart. Is there anything that we (as concerned aunt and uncle) or the paternal grandparents can do to prevent this, or gain custody/guardianship???? The paternal grandparents currently live in NC, and this is just killing them. Once these children are turned over to the sister, we all know that our involvement in those childrens lives will stop because she won't allow it to continue.
  • 06-11-2007, 10:09 AM
    Mr. Knowitall
    Re: Aunt and Uncle Want Guardianship of Their Deceased Brother's Son
    There probably isn't anything you can do. The paternal grandparents may qualify for court-ordered grandparenting time, depending upon the full circumstances, and should consult a New York family lawyer about establishing their rights.
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