Temporary Legal Guardianship

My ex spouse, who had custody of my two children, passed away last month (Sept). At the request of my Ex-Spouse, I am allowing my two children to temporarily reside with there Aunt as they have an Extremely Solid Support System in Place... Not to mention School, Sports, Counselors, etc..... and also to overcome there grief. I currently reside in Florida, and they reside in Massachusetts. My ex-sister in law says that I have to grant her Temporary Legal Custody through the Massachusetts Courts however, other sources suggest that I can do the same through a Florida Court. Afterall, I do gain full custody, and I'm only allowing this for the sake of my children. Drafting an Agreement, and Filing it with a Florida Court makes total sense.... Could someone please advise as to the legality of this issue?

Thank You in Advance!

Your sister-in-law is correct. The filing would have to be in the State where the children are residing.

I have to question your not taking immediate custody of the children. I realize they are involved in school and other activities (though you didn't mention ages), but having lost one parent, they should feel most secure with the other. Since you are only planning to leave them with the aunt temporarily, it might be best to move them now and let them get a start on their new lives.

Children are 11 & 12 Years of Age. Having spent 20 years in the Military up until 1997, I played an intermittent role in there life as the Mother would not allow them to fly where I resided. I need them to come down and live with me when they're ready.

Note: If I didn't Love them so much, I would have taken them Kicking & Screaming to my place of residence... But that wouldn't be fair to them.

Regarding the Agreement, wheras the courts have no say so about my children since the Mother has passed away, and I'm there sole Legal Guardian.... I don't understand as to why I cannot file the paperwork down here in Florida. It's just as if I was sending them to a relatives home for a few months for visiting purposes, and allowing the relative Temporary Authority. A Lawyer has stated that if we file here, the state of Massachusetts will Accept/Recognize the agreement. Could you please elaborate if possible per validity?

Thanx So Much Grandma!!