Death of Custodial Parent

[justsue]

Good Morning

I live in Tennessee and in Oct 2006 my ex-wife died at the age of 29 leaving our 3 children.  I was not notified of her death and within 24 hours her sister had gone to juvenile court and obtained temporary custody of my 3 children.  In addition, because I had remarried and my new wife was not liked, there was a no contact order against me.  It took 3 months to get the court system to tell me this and 5 months to obtain a copy of the order.  The sister testified in court that she had no problem with my parenting and that the children loved me but were afraid of the new wife.

I understand that TN law states that unless I have been abusive to the children (which I have not) that I should have custody.  However, even after retaining a lawyer, I have gone thru numerous loops and all that seems to be done, is that the kidnappers are being negotiated with and I now only see my kids in a supervised situation 2 hours a week.  

What does it take for the court to uphold the law?  I was not notified and the law has been ignored ever since.  My children lost their mother and the courts are preventing us from becoming the family that the law states we should be.  Is my lawyer negliglent?  Is the court being unlawful?  Or am I being foolish thinking that the law should be followed?

What do I do?

David

[janM]

I would post this on Dear Socrateaser's board on this site.
Follow his posting guidelines.

[notnew]

Post this to dear Socrateaser forum and get a new lawyer - the one you have SUCKS.

That is all I can offer now. I feel for what youa re going through. Your poor children and now being forced to lose the only other parent they have. It is criminal.

[mistoffolees]

I agree with the previous poster. You need a real attorney. You're the only surviving parent and there would need to be a pretty darned good reason for the kids to go to their aunt instead of their father. Unless you've been abusing them (with proof, not jsut the aunt's word), you should win this one. With a decent attorney, it should happen quickly.