[michellerenea]

Can my daughter sign temp. custody of her son to me her mother? The father is not on the birth certificate and not sure if he really is the child's father. Even though he has his last name. He just recently been out of prison for only a month. My daughter is trying to get her life together. Can she sign tempororary custody of him by writing it out on paper and signed by a notary public? Also I have already been taking care of my granson since he was 9mos. Old. She was in and out of his life but I have been the one taking care of him and was and am very happy doing so? She fears the father may try to flee the state of SC with him to Baltimore Maryland. What can I do. This has always been his home?

[Fr_Chuck]

No of course not, custody is a legal condition that has to be approved by the court, You can not even get temp guardianship that way.

Writing it out and signing it ( a notary is just a witness, does not make it "more legal")

To get guardianship you have to apply in court.

The bio father has rights, she needed to have chosen better when she was having sex, now he is the child's father ( if he really is) and his rights have to be taken into consideration.

[AK lawyer]

Can my daughter sign temp. custody of her son to me her mother? ... Can she sign tempororary custody of him by writing it out on paper and signed by a notary public? ...

For the purpose of your authorizing such things as medical care, such a document would perhaps be better than nothing, but of course she could revoke it at any time, and it would mean nothing as opposed to rights of the child's father (if he can prove that he is the father).

... She fears the father may try to flee the state of SC with him to Baltimore Maryland. What can I do. This has always been his home?

She needs to file in court for custody and child support.