Log in

View Full Version : Can a mom give up custody to dad?


micheleinjax
Oct 30, 2011, 01:43 PM
I have a 3 year old son. He has mostly lived with his dad(we aren't married) and paternal grandparents.Can I give him to his dad? I realize I was to young to be a good mom, but his father is very good at it, loves him, and wants to take care of him. H e has a job and his parents help with babysitting. I am addicted to drug sand don't want the responsibility of him to raise. I am trying to do what is best for my son.my mother is no help she is on methadone.We can't afford lawyers. Can I file a parental plan form with the courts?Thanks.

Fr_Chuck
Oct 30, 2011, 04:04 PM
If the father wants custody of the child, yes you can give legal and physcial custody to the father. You do retain rights to visit but may have obligation to pay child support

JudyKayTee
Oct 31, 2011, 07:37 AM
You don't "give" a child to anyone. You and the father go to Court and he gets a Court Order naming him the custodial parent. You can't resign from being his mother. If the father marries and his wife wants to adopt the child, then you can surrender your rights.

AK lawyer
Oct 31, 2011, 03:29 PM
... You and the father go to Court and he gets a Court Order ...

No reason to go to court. Simply have the father come and get him.

JudyKayTee
Oct 31, 2011, 05:17 PM
No reason to go to court. Simply have the father come and get him.


Agreed - I'm just thinking that it's better to have Court ordered/approved custody rather than picking the child up to live with the Dad.

I SHOULD have said to have the father come and get the child and then go to Court - at least that's how I see it.

If OP is somewhat unstable and she admits she is, gets herself together, "wants" the child back the father needs some legal protection.

ScottGem
Oct 31, 2011, 07:05 PM
The question here is whether the father is the legal father. If he is, listed on the birth certificate or signed an acknowledgment of paternity, then being the legal father yo can just leave the child with him.