custody question

[cosmicporch]

A man who has custody of two of his children is abusive and so the older sister takes them away and they live with her for a year. The man dies and it is discovered that the children are not in anyone's custody although they are living with the older sister and are fine there. Do they take them away? If they take them away, where they take them to? Do they end up with the mother even if she says she doesn't want them? Looking forward to answers to all these questions.

 

[NYClex]

Your questions are too general. It depends on the actual circumstances what will happen.

If the caregiver with legal custody dies, the state will have to decide what will happen, who will going to have custody, be a guardian etc.

The state will follow its laws and rules and also will evaluate what the law calls the " best interest of the child". Usually family ties will be considered first, but if awarding custody to the aunt, uncle, grandma or whoever would be considered detrimental to the child, they will not be awarded custody. So the special circumstances of each of the potential guardians will be evaluated.

Often surviving parents are given the preference in such a case. But if the courts had good reasons not to give the mother custody when the father was still alive, those same reasons might still be valid not to give her custody now.