Grandma seeking custody due to death of children's mother

[bellablue]

Florida

I am a mental health therapist providing services to 2 boys (ages 13 and 16) who have been living with their mother and maternal grandmother. The boy's mother died suddenly last week and the grandmother would like legal custody. The boys have expressed their desire to live with their grandmother. The mother did not leave a Will, however she did leave a handwritten note, indicating her desire for the boys to be raised by their grandmother in the event of her death. The boys have different fathers, neither of whom are appropriate placements. The fathers have not contacted the boys in several years and both voluntarily turned over custody to the children's mom several years ago. The fathers whereabouts are unknown. It is not known if they are alive or deceased. What are the steps that Grandma needs to take in order to pursue legal custody of the children? Thank you for any advisement that you can provide. Sincerely, Isabella Henry

 

[Ohiogal]

Grandma needs to get an attorney and petition in court for legal custody -- and SERVE both of the children's fathers. A GAL will then most likely be appointed and the decision made.

 

[LdiJ]

Grandma needs to get an attorney and petition in court for legal custody -- and SERVE both of the children's fathers. A GAL will then most likely be appointed and the decision made.

I don't disagree, but I do think that its likely that grandma could get temporary custody right off the bat. Courts don't like to leave children in legal limbo.

 

[Ohiogal]

I don't disagree, but I do think that its likely that grandma could get temporary custody right off the bat. Courts don't like to leave children in legal limbo.

Temporary custody yes. Emergency custody, yes. But permanent custody, no. Not without a full hearing with proper service to all parties.