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Dave Kennett
Dave Kennett, Lawyer
Category: Family Law
Satisfied Customers: 27689
Experience:  25 years experience as practicing attorney
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My ex-husband, who had sole custody of our two children, just

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My ex-husband, who had sole custody of our two children, just died and I want to get my children back, but his wife is trying to get custody. I was to have no contact from the last ruling because I reported his molesting them, so the court said I was trying to frame him. I want my children back. How do I do this?
Dear JACUSTOMER - It is not likely you are going to find the exact forms on line for what you need to do. If there is a court case for custody you will need to use that case name and number and file a motion for custody. The lawyers are correct that the step parent would have no superior rights to custody over a parent so unless there is some unusual reason why you cannot care for your children it should be relatively easy to get the court to order custody for you. I cannot represent clients from this website or prepare documents so I am limited in the assistance that I can provide. What I would suggest is for you to contact the family law court where your custody case is filed and ask the clerk of courts if they have any forms for the public for filing a motion. If they do not you will have to prepare your own motion using the heading of the case with the court name at the top and the parties and case number XXXXX You would then simply say that "(your name) requests a transfer of custody of (children's names) from (father's name) to (your name) as the father has passed away and (your name) is the surviving parent". You can have the step mother served if she has physical control of the children. The court will then set the matter for a hearing.
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