In most states, no one has a better right to custdy than the child's parents. Since the custodial parent has apparently renounced his option to custody, the ther parent would normally be the next in line. If the child is a minr, the mother can and should provide him with shelter in her home, and then immediately consult a local attorney to see what options she has to obtain legal custody.
The answer depends on why the father has full custody in the first place. Is this pursuant to a divorce decree? Was it by agreement of the parties? Or is it through some dependency action? Do you still have your parental rights intact? I agree with Ms. Golant that once the primary custodian cedes responsibility, the other parent would NORMALLY be next in line. But that all depends on you having intact rights to parent. A few scenarios would help: Assuming you two agreed that he was to be the primary custodian as part of a divorce settlement agreement, you would certainly have the right to step in and assume custody (though it would be wisest to take the matter to court to have the divorce decree modified). On the other hand, if DSHS removed the child from your care as part of a dependency and placed the child with the father, your right to assume custody hinges on whether your parental rights have or have not been terminated and whether you have complied with case tasks to the degree that the child could be safely placed with you. In any case, if you have not been deprived of your parental rights to the child, regardless of why you don't have him, your best bet is to take the matter before the court to seek custody.
