Chance of non parent custody? Both parents Dead.

[sideout_ds]

What is the name of your state (only U.S. law)? Mississippi

My sister was killed in a car accident 2yrs ago. She had two boys by her ex-husband. They were in the middle of a custody battle when she was killed. Well, in October the ex-husband was killed in a wreck also. A few months before he was killed he gave his Dad and Step-mom temporary gaurdianship or temporary custody of the two boys because of some trouble he got into. I would like to get custody of the two boys. I'm trying to find out what chances I have. I don't know my rights as the boys' uncle. I'm 29. I have two children and married. Any other info you need, I will do my best to give the info.

 

[ecmst12]

You would have equal rights to petition the court for custody as grandpa does, but he's in a better position since the children are already living with him. It could be more traumatic to the poor kids to move them now, then to leave them where they are. Do you have any evidence that grandpa and wife are unfit?

 

[sideout_ds]

The Step-Grandmother is legally blind. The Grandfather works 21 on and 21 off overseas. The boys are 10 and 6. They are both near 60. They have a terrible financial record as well.

 

[Silverplum]

The Step-Grandmother is legally blind. The Grandfather works 21 on and 21 off overseas. The boys are 10 and 6. They are both near 60. They have a terrible financial record as well.

Legally blind (and blind) people are allowed to have children.

People with jobs are allowed to have children.

People in their 50s are allowed to have children.

People with terrible financial record/s are allowed to have children.

So. What else is in your definition of "unfit"?

 

[Banned_Princess]

I just want to say, OBVIOUSLY there will be 100% chance of non parental custody if both the parents are dead !!!

 

[Zephyr]

Legally blind (and blind) people are allowed to have children.

People with jobs are allowed to have children.

People in their 50s are allowed to have children.

People with terrible financial record/s are allowed to have children.

So. What else is in your definition of "unfit"?

At this point isn't it less a matter of proving unfitness and more a matter of proving best interests?

 

[Silverplum]

At this point isn't it less a matter of proving unfitness and more a matter of proving best interests?

Since you quoted me, I'll ass-ume you were "talking" to me.

Answer: I don't know.

What I do know is that the grandpa is already caring for the children. He has already stepped up to the plate, along with his wife. The children have not been foodless or homeless thanks to them.

From a legal POV, OP is criticizing the "wrong" things about the grandpa and his helpful wife, as I enumerated.

 

[proud_parent]

At this point isn't it less a matter of proving unfitness and more a matter of proving best interests?

IMO, absent a finding of unfitness, it would be an uphill battle to persuade the Court that the best interests of the children require that they be removed from their current home. Particularly when the petitioner would have no more standing to pursue custody that the children's current caregivers.

 

[happybug]

Since Grandpa works 21 on/21 off overseas and the children are left with his wife at least half of their time, it seems like the STEP-Grandmother is really the children's custodian. Would that help OP if he as a blood relative would be caring for the kids on a daily basis. I don't know the answer to this, it was just a thought.

 

[LdiJ]

IMO, absent a finding of unfitness, it would be an uphill battle to persuade the Court that the best interests of the children require that they be removed from their current home. Particularly when the petitioner would have no more standing to pursue custody that the children's current caregivers.

I am not sure that I agree with this. The grandparents have only had custody for a few months. Therefore I think that any aunts/uncles/grandparents would likely have equal standing at this point.

The grandparents have a little bit of status quo, but not really all that much.

I also think that with everyone being third parties, the fact that stepgrandma is legally blind and that grandpa works overseas 21 days and is home 21 days will definitely be best interests factors. Remember, the grandparents are not parents with constitutional rights. If it was dad and stepmom instead of grandpa and stepgrandma I would definitely be agreeing with everyone else.

However, that is not the case.

 

[Ohiogal]

Did the parents leave a will and was anyone or more than one person named standby guardians by the parents?

 

[sideout_ds]

I said she was legally blined because she is the only one with them for 21 days a month. She cannot drive. They do have neighbors close. I just think that would be something that would help my case out. The boys have been moved around alot in the last 4 years. Four different households in that time.

I also work offshore. I work 7 on and 7 off. My wife stays at home with the kids. My main worry is if I try this and fail. If they'll let me see the boys anymore.

I'm not saying I want to take custody and not let them see their grandparents. I think they should see their grandparents whenever they want. I just think till they reach 18, I'm the best fit.

No, neither parent had a will.

 

[Ronin]

My main worry is if I try this and fail. If they'll let me see the boys anymore.

I am not familiar with Mississippi laws, but even if you try and fail at a bid for primary custody, there may be a possibility of the court appointing you as a managing conservator of the children with rights of visitation and other legal rights. If so, then it would probably be worth it to pursue your current course of action...