Brother died 2006...How do we gain custody of his children?

[mrivas]

My brother in=law passed away in 2006. Him and his wife were separated in 2004. They had two children together 4 yrs & 8 yrs. The mother has been neglectful with her children. The 4 yr old is having abandonment issues, ans phobias, shes scared of being lied to and left behind. My nephew has hate rages against his mother, she leaves him with numerous family members, including the grandparents on their fathers side. My in-laws, paternal grandparents, are scared to confront the children's mother on fear of losing the children. How can they gain paternal custody? Don't they have a grandparent right? My husband and his brother do they have any custody rights to the children? Their mother had moved in her boyfriend and now has completely avoided these children, they are greatly effected by this type of neglect. Including the fact that they were present when their father passed. The 4 yr old was two & can't remember much, but the 6 yr old was cognitive enough to listen & witness the tragedy. So please help me so I can guide my in-laws in the right direction.

 

[Duranie]

Grandparents have no rights over the surviving parent unless they go to court and can show the mother as totally unfit. They need an attorney. At the very least they should be able to secure visitation rights.