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Not for final full custody. The court has to decide who the children will go to. If they have lived with stepparent for years and know him/her as a parent the stepparent have a chance for custody. If the biological parent have left a will with his/hers wishes, it will also play a part. It's all about what is best for the children. Get a lawyer.

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Q: Can grandparent come and take a child from a stepparent if biological parent dies?
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