Skip to main content

Can a father who has temporary custody of his children give guardianship to someone else without the other parents consent.

Patchogue, NY |

My mother of my child sliced my sons face with a knife she was arrested and removed from our home. We were never married .I was awarded temp custody. Now cps wants to put a neglect charge on me because my sons grades went down. He is 16 and he stopped going to school for a few weeks from stress and being harassed in school .I had his Dean come to the house and we were able to get him back in school but they are holding it against me. He has been in therapy since October. I want to give custody to my girlfriend so they cant put my kids in foster care They are 16 and 14

+ Read More

Attorney answers 3


Just because cps has opened a case does not mean you are in danger of losing custody. You should speak to your family court lawyer and explore options as to how to best proceed. Good luck.

This answer is only for informational purposes and is not meant as legal advice.


Attempting to stash your children with a girlfriend when cps is looking your direction is not a sound plan. Especially since you indicate you have only been awarded temporary custody.

Far better to engage counsel and address the actual issue(s).


Temporary custody is only obviously temporary while the court decides what is in the best interest of the child. During this period, they will look at what is going on in the child's life and other factors. You would be wise to speak with a child custody attorney to help you in this process.

Child custody topics

Recommended articles about Child custody

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer