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Roger, Attorney
Category: Family Law
Satisfied Customers: 31737
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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My granddaughter was murdered by her ex boy friend. She left

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My granddaughter was murdered by her ex boy friend. She left behind two children. Ages 3 and 4. Since there has not been a custody hearing would I have the right to bring the children to my place since they were staying with me at the time of there mothers death?
Submitted: 5 years ago.
Category: Family Law
Expert:  Roger replied 5 years ago.
Hi - my name is XXXXX XXXXX I'm a Family Law litigation attorney here to assist you.

Whose custody are they currently in?
Customer: replied 5 years ago.
They are currently with my daughter who is there grandmother.
Expert:  Roger replied 5 years ago.
Ok. Thanks.

The father would be the next natural custodian. However, if the murderer is the father, the grandparents (your daughter) would be the next in line.

However, that's not to say that you can't gain custody of the children, but you would have to file a petition in court for custody of the children, and you'd have to show that it is in the childrens' best interest to live with you.

Also, there's nothing that prohibits you from taking the children as long as your daughter doesn't object. If she objects, however, you would not be able to take the children unless you get a court order.
Customer: replied 5 years ago.
Does it make a difference that my granddaughter and her children were living with me at the time of her death as to who the children should remain with until custody can be determined?
Expert:  Roger replied 5 years ago.

That does make a difference in terms of your petition to a court for custody of the children as the judge will want to make sure the children are in a familiar and safe environment.


If they've lived with you and are accustomed to being in your house, with you, etc., that is a very good claim for you to make in terms of gaining custody.

Customer: replied 5 years ago.
How would I go about petitioning the courts for custody?
Expert:  Roger replied 5 years ago.
You would have to file a petition for custody with the district court of the county of the childrens' residence. You can ask the court clerk if there are forms available for this. If so, you can use the forms to file your petition for custody. If there are no forms, you would have to seek the assistance of a local attorney to draft the petition and have get the ball rolling.
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