How can I get custody of my children from my father? 10 Answers as of February 15, 2012

File a lawsuit seeking custody, serve Mom, ignore dad, force him to intervene and remind the Judge of the Troxil case. Bottom line, you have a superior right to your father. But you may need to go to court to force it. And, if you leave them with your father for 6 months, he gets a legal ground to fight you, so go to court now!

You need to get a lawyer in the state where the children live. I don't know all your circumstances, but in most cases, a father has superior rights, and the mother cannot unilaterally decide that someone else could have custody. I'm not licensed to practice in Nebraska, and cannot give you legal advice. However, our constitution does not allow one parent to take the other parents rights away absent a court order for good cause.

If you don't have custody of your children you need to petition the court to give it to you. I would talk to an experience family law attorney in you area to help you.

File an emergency motion with the court requesting the children's placement in your care.

A letter is not sufficient to give custody. Were the children born during a marriage or out of wedlock? If born during a marriage are you divorced, if not you have every right to get the children. If out of wedlock, was a paternity action ever filed resulting in a paternity order acknowledging you as the biological father? If not, you need to file such an action.

As the biological parent your rights are superior to a grandparent's but if he has had them for a period of time he could try to fight you getting them in court by claiming what is known as "loco parentis" which is a Latin term for one that stands in the place of the parent and has established a parental relationship. As their father you should hire an attorney and file a petition for paternity and visitation in the court, as a witness in your favor you would want to call the social worker and others that can attest to your parenting and relationship with your children. The children's young age is in your favor in that they could not have a long established relationship with your father as their primary caregiver, but you will want to be able to show you have the ability to care for them with suitable housing, employment, and extended family support that can help. Whatever guardianship the mother gave to your father is not really enforceable, the proper way is to have guardianship done through the court as an order, but even then before that would be granted you would have the right to contest.

You must acquire a court order determining custody and parenting time.

File a Motion for custody in the same court that awarded your father custody. Are you and their mother Divorced? If not file for Divorce and seek custody.

Typically, she cannot prevent you from having the kids, each parent has a natural right of guardianship over their child's person that cannot be abridged by a letter directing custody elsewhere. Custody/guardianship can only be removed from a parent through a valid court proceeding. In most states, grandparents don't even have standing to bring a civil action against a natural parent for custody of their child. You should really seek legal counsel (i.e. get a free consultation) in the state in which the children have resided in order to find out the applicable laws for that state.

I believe you could call the police to see if they are willing to help you retrieve the children.