[lmmitchell]

My brother died in 2007 leaving behind a fiancé and two youg children. All of them had stayed with us ever since the oldest child was born.the mother got the kids took away from her but she got to decide which grandparent they went with. She let the kids go with her mother because she was mad at us but she wasn't in the right state of mind when she done this. Her mother has only seen the kids a few times since they were born and they have stayed with us(on the father's side) every day since they were born. The mother is trying to get her kids back but I think sometimes she doesn't try hard enough(when she's mixed up in her head)how would the father's mother and me(the aunt) start to get visitation. Her mom doesn't like us for some reason so we don't even get to talk to the kids.

[JudyKayTee]

my brother died in 2007 leaving behind a fiance and two youg children. all of them had stayed with us ever since the oldest child was born.the mother got the kids took away from her but she got to decide which grandparent they went with. she let the kids go with her mother because she was mad at us but she wasn't in the right state of mind when she done this. her mother has only seen the kids a few times since they were born and they have stayed with us(on the father's side) every day since they were born. the mother is trying to get her kids back but i think sometimes she doesn't try hard enough(when she's mixed up in her head)how would the father's mother and me(the aunt) start to get visitation. her mom doesn't like us for some reason so we don't even get to talk to the kids.

Who has Court ordered custody - ? Need more info and which State - ?

[lmmitchell]

Who has Court ordered custody - ? Need more info and which State - ?

It has not been through the courts as far as I know. The mother failed a drug test given by dss and they told her she had to be supervised with her children but then they gave her the option between grandparents and she chose her mom who has rarely ever seen the kids but when she done this I believe she was still high so how could dss let her make a decision like that, she was also mad at us and I don't know what she has told her mother but she hates us. We have taken care of both kids when their real mom was doing what she pleased(like drugs). We live in North Carolina. The kids draw a check because the father died,and I firmly believe all her and her mother want is the money and not the children.the grandmother is taking them to on trips in nc and out so she can keep the kids happy,I heard her on the phone say she was tired of them and wanted her peace. She is only 40 and with her 5th husband.before this happened, she has even called dss on the real mom. My fear is the mom does not want the kids and so we will never see them again

[JudyKayTee]

it has not been through the courts as far as i know. the mother failed a drug test given by dss and they told her she had to be supervised with her children but then they gave her the option between grandparents and she chose her mom who has rarely ever seen the kids but when she done this i belive she was still high so how could dss let her make a decision like that, she was also mad at us and i don't know what she has told her mother but she hates us. we have taken care of both kids when their real mom was doing what she pleased(like drugs). we live in north carolina. the kids draw a check because the father died,and i firmly believe all her and her mother want is the money and not the children.the grandmother is taking them to on trips in nc and out so she can keep the kids happy,i heard her on the phone say she was tired of them and wanted her peace. she is only 40 and with her 5th husband.before this happened, she has even called dss on the real mom. my fear is the mom does not want the kids and so we will never see them again

Wow - this is a heartbreaker and, unfortunately, not all that uncommon.

You really have no legal rights here. Sounds like you're the ones who love the children and they are currently being used as pawns but other than consulting with an Attorney, seeing if he/she can come up with anything I don't see you having any legal standing.

If they would be legally taken from the parents or grandparents due to severe neglect, total abandonment, some other charge, and would be in need of guardians, then you would have a shot at custody but in the meantime I honestly don't think so.

I think I would pay an Attorney for a consultation and see if there is some way around this, if for no other reason for your own peace of mind - but I really don't see any legal action which will allow you to take custody.

Sometimes I hate these boards because I can't come up with ANYTHING helpful - but when it comes to the law, well, it's in black and white.