Q: Is it going to be difficult getting my kids back from my deceased wife's cousin, which somehow has custody now?
My family became homeless in January. My wife and I decided to call her cousin to look over the 3 kids until we get back on our feet. Later that month my wife passes. now since she passed they have distanced themselves away from me. I havent been able to call or see them and that wasn't the agreement. They don't think my name is on their birth certificate, but I have all of them and social security cards. I never gave them permission to do half of what they're doing. They acted as if they were here for me, if I needed someone to reach out to. It was all lies. I'm not stable yet but I got the money to move in a house, Im just trying to find something for all 4 of us and affordable. I'm curious if I need to worry about getting them back even if I am stable. Once I find a place Im calling an attotrney that day but until then do I need to worry, since I am the kids parent. Havent seen them since their mom passed, since they left. Thanks
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A: Yes, it's going to be difficult. Because you are homeless, if your cousin hadn't taken them in, they would be in foster care. The longer you wait, the more difficult it is going to be.
A: You need to speak directly with an attorney. Because you speak of an "agreement" but it is unclear whether there is a court order that gave custody to your wife's cousin or now. Something simply put in writing, even if notarized, is still not a court order. Therefore, if your wife's cousin doesn't have a court order giving them guardianship or custody, then you can simply go get your children, they are yours. But if a judge signed an order, you will need to go through the proper steps to get that order dismissed. But that's why you need to speak directly with an attorney and provide more details as to exactly how they have custody.
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