There is not enough information provided to answer. What do you mean "custody"? Is there a court order of guardianship? Actual custody order in favor of grandparent? The kids just happen to have been there for some time? Is there a divorce ongoing? You are going to have to have a much more in-depth conversation with a family law specialist, revealing what has happened previously, to get any useful guidance. Meantime, the information and linked statutes and other materials here might be helpful to you:
http://willicklawgroup.com/child-custody-and-visitation/
Answered on Jan 17th, 2015 at 12:25 PM