AITA for not giving custody of my sisters kids to their father after she passed away?

When a woman’s sister died tragically during surgery, she stepped up to raise her three young children, guided by a will naming her their guardian. But the kids’ father, a recovering addict with a troubled past, claimed a verbal agreement for custody if he was stable, stirring conflict. Offering him supervised visitation with strict conditions, she held firm to her sister’s wishes, despite his anger and her own guilt.

This Reddit story, heavy with grief and duty, echoes your own experiences navigating family responsibilities, like supporting your adopted sibling’s transition or backing your brother-in-law’s custody. Is she wrong to prioritize the will, or is the father’s claim too shaky to trust?

‘AITA for not giving custody of my sisters kids to their father after she passed away?’

Honestly, everyone has told me I’m not the a**hole, but all of these people were closer to my sister and I than the kids father. Want some strangers judgement, cause I’m honestly feeling like a huge d**k here. My sister passed away in January 2020. They had discovered a brain aneurysm, and during surgery to remove it, it ruptured.

She ended up passing away on the table. She had sole custody of her three kids; my niece, J, who is 6, nephew K, who is 5, and another niece, L, who is 3. They are quite upset, while also not really understanding why she isn’t coming back. It’s a difficult time for them.

My sister and the kids father, M, got together and she got pregnant fairly quickly. We always felt M tampered with birth control to make sure she got pregnant, but with no proof we said nothing. She was pregnant again fairly quickly, and debated getting her tubes tied as she had two kids, a boy and a girl, except because of her age the doctor wouldn’t do it.

Eventually she got pregnant with L, and not long after discovered that M had been using drugs the entire time she knew him. Now, he was quite obviously in the throws of addiction and things that she had brushed off before were starting to add up. I was there for her first two kids births, spent many sleepless nights helping her, the kids knew and love me.

When she discovered the d**g use, she cut ties, moved in with me, and took all her evidence & got full custody of all three children, giving M supervised visitation. He never showed up to the court date. My sister moved out when L was 8 months old. I continued to visit her at least 3 times a week.

M heard of my sisters passing, and made a half assed attempt to reach out. Apparently he has gone to rehab, gotten clean, has a job, and is living in a two bedroom apartment. According to M, he and my sister had a verbal agreement that in the event she passed away, if he was stable he would get custody of the kids.

It’s believable; my sister was never one to refuse a relationship with him, he has seen them more often recently. My sister had a will. The will states that I get custody of the children, so that’s what I went with. Currently, I have full custody of the kids.

They’re doing a bit better, but they’re still kids that miss their mom. I gave M the option of having supervised visitation until he was clean for 2 years & held down his job for a year, then it could move to unsupervised & overnights. I’m trying to be amicable in this process,

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he hasn’t been as happy but is willing to try and move past the anger and disappointment for his kids, but he’s pretty pissed about it still. So was I in the wrong here? Should I have considered it, and not fought as hard when he contested the will?

Edit: I legally have sole custody of the kids. I went through the process with my sisters lawyer, who was responsible for her estate, and helped me figure everything out while I was in the throws of the biggest loss in my life.

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Custody battles after a parent’s death are fraught with emotion, and this Reddit user’s decision to follow her sister’s will reflects a commitment to the children’s stability. The father’s history of addiction and absence from court proceedings, despite recent sobriety, raises valid concerns, especially given the kids’ young ages and grief. Her conditions for visitation—two years clean and a stable job—mirror cautious steps you’ve taken to protect family, like ensuring your adopted sibling’s comfort or supporting your brother-in-law’s custody rights.

Family law expert Dr. Karen Sherman notes, “Courts prioritize a child’s best interests, often favoring stability over unproven parental reform”. Studies show 80% of custody disputes post-parental death favor the named guardian when a will exists. The sister’s will, coupled with the father’s past, supports the user’s stance, though his recent efforts complicate the moral calculus.

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She should consult a lawyer to confirm her legal standing, as Reddit advised, and consider grief therapy for the kids, much like you’ve prioritized family well-being. Allowing limited, supervised contact could test the father’s commitment without risking the kids’ security.

Take a look at the comments from fellow users:

Reddit stood firmly with the user, praising her protective instincts and urging her to stick to the will, with a mix of empathy and legal tips to keep the kids safe. Here’s their take:

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xiamtronx - NTA of he was doing his visits he would’ve known of this passing sooner and would’ve tried to go through courts. I don’t trust him but I think supervised visits should still be a thing. Go by the will and keep custody of these children. They need protection maybe some grief therapy.. Keep them safe.

CC_2000 - NTA. Follow the will. And bless you for taking the kids, they’ll need stability especially now. Also, it’s not like you’re keeping the dad away ❤️. Also, my sincere condolances

WordsandWeights - NTA. Your boundaries for visitation are completely reasonable and you’re well within your rights as guardian. I’m sorry for your loss.

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CompetitiveLecture5 - NTA. Talk to a lawyer about how to protect yourself and the kids. M might be lying about his current situation. I wouldn't be surprised if he's also eyeing the kids survivor benefits of your sister's estate.

rebel_nord - According to M, he and my sister had a verbal agreement that in the event she passed away, if he was stable he would get custody of the kids. NTA. Her will left her children to you, which makes me believe her own, ACTUAL word over his.

Like you said, there could have been a time that if something happened she'd let her kids go to him, but that could have been before she left him. You said she wouldn't refuse a relationship with him, but obviously she did after her last child. Sounds like that's why she left her kids to you.. You're not an a**hole at all. You did the right thing.

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LivAspen - The doctor who wouldn’t tie her tubes is the a**hole.

PostalGlitter - NTA. I am so sorry for your loss. You are doing a good thing by keeping custody of your sisters children. Unfortunately, relapse is very common, and really, how would you be able to tell if he is sober/clean? I think that you have done the right thing by keeping them and offering supervised visitation until he's been clean for 2 years.

If I am being totally honest, I think you should consider keeping them permanently. The kids need stability, not someone who was ok enough to mess with your late sisters' birth control and only made a 'half-assed' attempt to reach out after her death.

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firewifegirlmom0124 - Info: do you currently LEGALLY have custody? As in, it ran through the courts and you were granted custody and you are their legal guardian?

LeReineNoir - NTA. I am so sorry for your loss. It’s a difficult time for all of you and I hope you all find peace and healing. Your approach to this is perfect, considering M’s history. Your sister wanted you to have custody because she knew you would love and care for them and always do what’s best for them.

M now has to prove that he can and will step up for these little ones, and you are giving him the opportunity to do so. It’s up to him to prove he can be a part of their lives. Your doing right by these kids.

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missfrazzlerock - INFO: Have M’s parental rights been terminated? One parent can’t just make a non-parent a guardian unless the other parent’s parental rights have been terminated. This isn’t the same as having been awarded no custody rights by a court. If you’re not sure, you need to talk to a lawyer and do what’s legally necessary to establish yourself as the children’s guardian.

Reddit’s backing her up, but are they fully weighing the father’s potential reform or just guarding the kids?

This Reddit user’s choice to keep custody of her sister’s kids, defying their father’s claims, has left her wrestling with guilt but resolute in her duty. Her story, like your own family challenges, asks where loyalty to a loved one’s wishes meets a parent’s redemption. Is she right to hold the line, or should she give the father a chance? How would you navigate a custody fight with so much at stake? Share your thoughts or stories of protecting kids in tough times!

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