You had joint custody and there fore you have every right to get your daughter. His parents do not have any rights. I would file a motion to modifly the orignal order and ask for sole custody stating tha the father has passed away. Then I would take the court order and get my daughter. I would just surprize them and take a police officer with me. If their keeping her against your will then that is like kidnapping. You may not even need to go to court. I would call an consult an attorney or call free legal services and find out what you can do. The custody would go to you after the passing of her father. They know hey have know rights and so their hoping you will stop calling. If your not wanting your daughter and just want your visitations then you need to tell them that. But unless you sigh over your legal rights and agree to give them legal guardianship they have to give her back.



