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DennisK

Guest
What is the name of your state? Pennsylvania

I have posted before regarding this issue re grandparents vs. biological parents. My children's mother passed away just over a week ago. We had joint legal custody and the children and she were living with her parents for the last two years due to her illness. The grandparents intervened in custody on her behalf in order for the children to be able to remain there while she was still alive to ensure the court that the children would receive care and so she could retain physical custody during this period. Petitions for full legal custody were filed in June on both sides (me vs. grandparents). They have denied me visitation to my children prior to my ex-wife's death. Since her passing, their grandfather has called me telling me that I will not be allowed to speak to my children by phone without monitoring the call or see them without supervision. There is no basis for this and I feel that their grief for the loss of their daughter is aimed in my direction. My question is this: If my ex-wife had a will naming her parents legal guardians, do they have to inform me? Also, do I have to contest the will if it has been filed? I read at another site that people do this all the time and that guardianship unless contested is difficult to remove. Please help.
 


kat1963

Senior Member
Children are not property, therefore they can not be willed to anyone. You say that they intervened for custody on her behalf while she was still alive, what was the outcome of that order? Did the judge actually give custody to the grandparents??? IF not, heck, I'd go pick up my kids.

KAT
 
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DennisK

Guest
To make a long story short, I filed for modification of custody and visitation rights based on my ex-wife's health and concern for their care during this period of time. Because I live in Florida, the grandparents were given the right to act on her behalf in custody matters when required (i.e. hospitalization, treatments causing weakness, ets.) Needless to say, the intervention ended the day my ex passed away. Now the grandparents want custody. They are in their physical custody presently. My attorney has advised me not to move them until after a judge rules because petitions were filed prior to her death for custody and quite frankly I wasn't about to go up there 2 days after their mother died and take them from their grieving grandparents. Believe me, I've second guessed myself on that one every day, but the last thing I want to do is cause any further trauma. My girls are aware that petitions have been filed and are prepared for this thing to go either way. Their grandparents are determined to alienate me from them probably because they don't want the last remaining part of their daughter out of their sight. I have an initial custody conference on Tuesday in Pennsylvania. If anyone has any further information that can help me, I would greatly appreciate it and yes I have read Troxel vs. Granville. Thanks and please pray for my children
 

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