My ex and I have not been together for over 5 years and I would send money and see my kids when I can they live in California, I live in Texas. 3 weeks ago my ex was killed and now my kids who are 5 and 4 are with their grandmother right now, can I go get my kids. My ex and I had no custody papers filed and the grandmother didn't file any guardianship papers, but since this all happen I have not heard from my kids, I call over there every day some times 2 times in a day and leave messages no return calls, what can I do to get my kids? I have copies of my kids birth certificates and social security cards and also their immunization records.

Your rights as a birth/natural parent supersede the rights of ANYONE else unless/until the Court relieves you of those rights.

You need to go to Court where the children are and file for custody. Now! The Grandmother may claim you are unfit. You will have to prove you are ready, able and willing to raise your children.

Do not waste any time - the Court will respect that you moved on this immediately. You do NOT need an Attorney but you WILL need to travel to where they are.

Would I have to show up to the court date or can my wife appear for me? The reason why I am asking is I had some issues back then and I am afarid that I will get arrest for that if I show up to the court appearance.

You really need to contact an attorney. As the father you have the legal right to your children, but if you can't face the demons of your past and pay your dues to society (face the arrest), they may find that it is not in the best interest of the children.

YOU are the father; YOU have to appear. Your wife has no legal connection to these children. If you have problems with the law I would not even bother filing the application for custody. It is very possible that the Court would not find you to be a fit parent - and only you know enough details about that to know.

Is your name on the birth certificate as the father? If so, then just show up at the grandparents house with copies of the birth certificate and tell the grandmother they are your children and you are taking them home. If she refuses, call the police. Show them your documentation explain that the mother recently died and the grandmother is keeping your children from you. The odds are good that they will force the grandmother to turn the kids over.

However, its not a 100% guarantee. If they don't force her to turn them over, then you WILL need to go to court. And if there is an outstanding warrant that you ducked out on, it is not going to go well with you. As noted YOU have to show up, your wife has no standing.