[daisydeliberty]

My sister passed away leaving 2 children ages 5 and 12 . Fathers were never there 5 year olds dad never paid childsupport but the 12 year old did till he was 10.. my sister passed away and me the aunt and grandmother raised these children together with my sister but sister passed 10/12/2011 and fathers came a day before my sister passed to pick up the children.. what do I do to get the little one back they live in nyc now I live in Florida

[JudyKayTee]

The fathers are the logical legal guardians unless they pose a danger to the children - emotionally, physically. You would need to file a petition IN COURT and PROVE that the children are not being properly/appropriately cared for.

Whether the fathers paid child support is immaterial (does not matter).

Did you have legal guardianship of the children?

[ScottGem]

I'm afraid Judy is right. A bio parent will generally be given preference over a lesser relation. Since the fathers decided to take custody, there was nothing you could do to stop it.

To regain the children would require proving to a court that they are better off with you.

[Fr_Chuck]

Unless though some danger to the child, the fathers rights were taken away, he is the one with legal rights to the child.

You may of course try to prove it is in best interest of the child to be placed in your home, but you will have to prove more danger to the children, than him being a poor father in visits.