Custodial parent dies unwed father seeks custody

[lillian.simmons]

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

 

[lillian.simmons]

Mother dies unexpectedly. Unwed father plans to assume custody. Father allows grandmother to take the children so they could finish out school year. Father didn't want to cause disruption in the kids lives following the death of the mother. The father was suppose to get the kids after the school year but now the grandmother is refusing to release them. Father has the adjudication of parentage and petitioned to have the birth certificates amended with his name... What does je have to do to remove his children from grandma's house.?

 

[lillian.simmons]

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

State of Minnesota

 

[LdiJ]

Mother dies unexpectedly. Unwed father plans to assume custody. Father allows grandmother to take the children so they could finish out school year. Father didn't want to cause disruption in the kids lives following the death of the mother. The father was suppose to get the kids after the school year but now the grandmother is refusing to release them. Father has the adjudication of parentage and petitioned to have the birth certificates amended with his name... What does je have to do to remove his children from grandma's house.?

He needs their birth certificates showing that he is the father, and then needs the police to help him retrieve the children. Grandma has no right to them unless she has gone to court and obtained legal custody.

Dad should not have to go to court for custody as he is their only legal living parent and has a constitutional right to the care and control of his children. However, he may have to do so if the police will not help him retrieve the children.

 

[lillian.simmons]

If police refuse to remove the children without an order from court telling them to remove the kids can father just petition for a removal order.

 

[LdiJ]

If police refuse to remove the children without an order from court telling them to remove the kids can father just petition for a removal order.

I would get a quick consult with a local attorney about that. There might be something he could file other than a formal request for custody, but I am not familiar enough with Minnesota to know for sure. A local attorney is your best source of information.

 

[stealth2]

It would really be best for Dad to register his own account... Thanks for your understanding.

 

[lillian.simmons]

I apologize for talking in third person. This is the father and I'm a little concerned with why I need to prove legal right to my sons but the grandmother doesn't have to provide proof of her right to my children.

 

[Just Blue]

I apologize for talking in third person. This is the father and I'm a little concerned with why I need to prove legal right to my sons but the grandmother doesn't have to provide proof of her right to my children.

Your name is "lillian"?

 

[lillian.simmons]

😂Thanks I needed that laugh. No my name is Quincy. My fiance found this site and got me started on it. Wasn't sure if I was going to like it or if I wanted my business on here. Are we still talking business...what I call myself for the sake of getting some legal feed back should not be an issue.

 

[justalayman]

how old are the children? Did you see them regularly both before and after the mother's death?

If the children have not lived with you or been around you, a court may be a bit hesitant to simply allow you to take the children without a period of acclimation. I have seen it go both ways.

 

[lillian.simmons]

Yes they spend the weekends with me during school and every other week during summer. I just sent them back over to the grandmother's home two days ago and was suppose to pick them back up today. I called to say I was on the way and she told me not to come she's not giving up her grand children...

 

[justalayman]

Yes they spend the weekends with me during school and every other week during summer. I just sent them back over to the grandmother's home two days ago and was suppose to pick them back up today. I called to say I was on the way and she told me not to come she's not giving up her grand children...

then I would do as ldij suggested. Round of proof of parentage and ask the police to assist you in retrieving your children. It should not require a courts order to retrieve your children if you have been involved in their lives before now.

If push comes to shove, what the grandmother is doing is illegal. Hopefully, if not resolved before the police are involved, the police will remind grandmother of the possible consequences of her actions.

 

[lillian.simmons]

I forgot to mention their ages...12 and 10. So let me make sure I'm clear on things. My legal right to my children has never been challenged or taken. The mother had physical custody because we were not together but we never had custody issues. We co-parented. I also have custody of three of my other children from another relationship. Worse case scenario, I would need to take the birth certificates and the adjudication of parentage to the courthouse and file a petition to have the children removed similar to filing for a restraining order.