If the custodial parent dies shouldn't the living parent get custody?

If the different make certain has any rights in any respect then that make certain will probable replace into the criminal parent as that make certain is the subsequent and closest of relatives contributors. you could no longer will your toddler faraway from yet another make certain who has their rights nevertheless in tact. No courtroom could uphold that except they'd coach that the make certain is a risk to the toddler. you could want the genetic father to declare that they do no longer want the youngsters (self/courtroom termination of parental rights) in a written and criminal checklist signed and notarized by applying the two one among you plus a criminal expert could be appropriate. in case you nevertheless took toddler help money from an absent, abusive or otherwise financially or emotionally responsible father then you definately won't be able to do away together with his suited to have the toddler after your loss of life.

absolutely the children should go to you. As long as what you say is true and the children have not been taken from you or you have not been declared unfit. Contact an attorney, but you can probably just go and get them and never return them to his mother

You need to hire an attorney.....like tomorrow morning on this! The longer you wait, the more stable the kids become in Grandma's house, the harder it will be to disrupt their lives in the Court's eyes.

The courts are supposed to return them to you in this case unless there is some justified reason for not doing so but you as mom can challenge the courts decision anyway. Grandma may get them temporary but not for long here

Yes, that is what is supposed to happen as you are the biological mother. You should call an attorney and let them know what is going on.

Yes, his mother does not make the decision on where they live. The only exception would be if you had been declared unfit at some point.

You should just go get your kids. A judge would find for you, but let her take it to court. You aren't even obliged to let the kids visit her, though it would be best for them.

File in court in full custody..since he has custody..not her.