Q: My mother in law passed away in Oct 2018 and she had manaming conservatorship of our 2 kids,our rights were not striped
And we had a final order signed by a judge..after she passed my sister in law took them into her home because she said that CPS said that she had custoday if them,that's what she told us so we listened as to not making anything worse,,just recently we found out that we actually have legal custody of them and our rights outweigh my sister in law..she recently called cps and reported an intake ,investigator came to our house and talked to us and that's when we found out that she only has a possession paper notarized ,so she only has "possession" of the kids, we as parents have a final order signed by a judge,investigator said we have legal custody and that our paper is more legally binding than what she has..she also has been to state jail for theft and is still in trouble,didn't do a background check when she took the kids..question is are we right to get our children back and is she entitled to anything when we have legal custody and cps found nothing wrong with us taking them back?
A: You should consult with an attorney to review the last signed order to evaluate your situation. If the facts are as you say they are, then you do have superior rights.
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