My sister passed away she has 2 children 6 & 7 and was not married who gets the kids.
1 Answer from Attorneys
The bio father(s) could theoretically claim their parental rights if they are either named on the birth certificates or have legally acknowledged paternity. Otherwise, you or anyone else who wants to have the kids can file a petition for guardianship of the children, seeking both parental and financial control. If your sister had a will in which she indicated who should have guardianship of the children upon her death, that would control.