[JamesnSon]

My Dad has Temp. Custody at this Point . My sons mother Want to give me Full Custody due to her not being about to take care of him by going down to the court house and signing him over to me is this possible?

[ScottGem]

Your father has temporary custody over your son (his grandson)? And no the mother wants you to have custody?

How old is the child? I assume you were never married to the mother? Did a court order temp custody to your father? If so, why him and not you?

No its not possible for the mother to to to a court house and sign over custody.

You need to file a petition in Family Court to gain full legal and physical custody. If the mother is agreeable, then it should be an easy process.

[JamesnSon]

Cause at the time I was in school>>

[ScottGem]

Cause at the time i was in school>>

Well school didn't seem to do much good. Since you seem to have a problem reading. I asked you several questions you answered only one. I didn't ask those questions to be noisy, I asked them to get a fuller picture so we could give you the best advice.

Next time you post a question on a site like this and someone asks for more info then provide ALL the info they ask for, in some detail, if appropriate. You expect us to spend out time answering you when you don't seem to want to spend the time providing the info we need to help.

[JamesnSon]

Yes the Grandfather have signed over Temp custody why I don't know, instead of her calling me and telling me to come down to handle the matter. I guess she felt it was a quicker way out to run back home. Now she know that she can't take better care of him like I can so she's willing to give me custody!

He is three years old. We were never Married. The Court have not ordered him temp custody she went up to the court house and signed him over...

If it's not possible for her to go up to the court house , and sign over custody to me then.. why was it so easy for her to sign over Temp Custody to my dad?

She is agreeable but, my question is; is there anyway we could do this on our on by pushing papers being that she and I are willing to corporate? With no problems...

[ScottGem]

I don't know what happened with this "signing over" to your dad. As far as I know Custody is ordered by a court, its not a simple matter of signing a paper. Before a child can be legally placed with another person, Family Services needs to make sure that person is can take care of the child. Maybe he was given temporary GUARDIANSHIP though it shouldn't be just a matter of signing a paper. Without knowing your location (general area like the state) we can't know what laws and rules apply.

By the way, are you on the birth certificate?

My suggestion is to go down to your local Family Court or Family Services agency and ask them what the process is.

If you are on the birth certificate, then you are the legal father. Unless there was a court order awarding her physical custody, then you have an equal right to the child. So she could have just turned over the child to you with no paperwork at all.

But because your father has custody now that may complicate things. You need to read whatever paperwork your father has to see what terms are included in it. That may give you a clue of how to proceed. Otherwise either talk to the court or agency or consult a Family Law attorney. What you might consider is checking if there is a Law School in your area. Many have free or low cost clinics where you can get legal advice.

Good luck and keep us posted.