Where does my custody stand?

[donna62584]

New York-
Okay so a few years back I got into some trouble and it required me to go to jail for a few months. In that time, as a responsible adult ,I willing signed physical custody of my two children over to my dad, as my son's father was and is incarcerated at the time/and present. So it left the ruling at me and my son's father sharing joint temporary custody of my son and my dad having physical residential custody, and for my daughter just me having temporary Joint custody of my daughter as her father passed on from cancer and my father have physical residential custody of her. Since then my father has passed away and we never got a chance to take it back to court for modification. But the children have been living with me now in another state. Seeing as though my father passed away what happens with the custody situation. What rights do I actually have when it comes to the type child lives???

 

[LdiJ]

New York-
Okay so a few years back I got into some trouble and it required me to go to jail for a few months. In that time, as a responsible adult ,I willing signed physical custody of my two children over to my dad, as my son's father was and is incarcerated at the time/and present. So it left the ruling at me and my son's father sharing joint temporary custody of my son and my dad having physical residential custody, and for my daughter just me having temporary Joint custody of my daughter as her father passed on from cancer and my father have physical residential custody of her. Since then my father has passed away and we never got a chance to take it back to court for modification. But the children have been living with me now in another state. Seeing as though my father passed away what happens with the custody situation. What rights do I actually have when it comes to the type child lives???

Unless you increase your font size to normal size I won't fully read or try to respond to your posts. Others may. Good luck to you.

 

[Taxing Matters]

Seeing as though my father passed away what happens with the custody situation. What rights do I actually have when it comes to the type child lives???

You need to take a copy of the applicable court orders to a family law attorney to sort out what you need to do at this point. It may be that you need to go back to court to get an order clarifying the custody/visitation situation given the changes that have occurred. Without seeing the court records, there is no way anyone here can tell you how this should go.

 

[LdiJ]

New York-
Okay so a few years back I got into some trouble and it required me to go to jail for a few months. In that time, as a responsible adult ,I willing signed physical custody of my two children over to my dad, as my son's father was and is incarcerated at the time/and present. So it left the ruling at me and my son's father sharing joint temporary custody of my son and my dad having physical residential custody, and for my daughter just me having temporary Joint custody of my daughter as her father passed on from cancer and my father have physical residential custody of her. Since then my father has passed away and we never got a chance to take it back to court for modification. But the children have been living with me now in another state. Seeing as though my father passed away what happens with the custody situation. What rights do I actually have when it comes to the type child lives???

I agree with the previous response that you received. You most likely need court to officially modify the custody situation. However, your situation with your son is a little bit different than the situation with your daughter as your son has another living parent and your daughter does not. However, if CPS was not involved and were not involved in your children's lives then there is nothing inappropriate about the children living with you at this time.