Legal Question in Family Law in California
Do I have any rights?
My cousin recently passed. She had stated to me any many others that she would like for me to have her kids. She had full custody of them. They have a father who they are with right now. He will not be taking them to the funeral and has stated that we are to have no futher contact with them. Do I have a case to try to fight for custody of the kids? There is nothing in writting about what her wishes were but it was stated to many people, even the father, that she wanted the kids to be with me.
Thank You,
1 Answer from Attorneys
Re: Do I have any rights?
The general rule is that parents have superior rights to other relatives. Mother's request will provide you with little assistance in your quest for custody. You will have a difficult battle. If you have had a very close relationship with the children and he has had very little contact with the children you may have a better chance. You best approach may be to attempt to make peace with father and have regular contact with the children.