I assume that you and the mother of your children were unmarried, and I assume that the deceased mother's mother (the maternal grandmother) has taken these children in following her daughter's death. If the grandmother does not have an order of the court granting her custody of the children by way of adoption or through a guardianship, then your claim to custody of the children is superior to that of the grandmother. That means, legally, that you can simply pick up the kids and take them home with you. They are your children. You have a right to custody of your children when the other parent is dead. My guess is, however, that the maternal grandmother is not eager to hand these children over you. If she is not the adoptive parent now and not a guardian of the children, yet she won't hand the children over to you, you could try to call the police and ask them to assist you in retrieving your children from the maternal grandmother. Technically, she is a kidnapper if she will not voluntarily relinquish the children to you. My experience with the police, however, has been that they couldn't care less about enforcing parental rights in this manner. So that leaves you with having to go to court. You will likely have to file a petition to establish by court order your paternity of these children, and to seek custody of them as their biological father.
Answered on Sep 05th, 2013 at 3:10 PM