Can I give my mother custody of my son?

Asked about 3 years ago - Clifton, NJ

I have a two years old son and I have full custody of him(court order) his father have visitation once a week for 2 hours at my house! But only comes 1-2 times a month or with go months without comeing. He comes for an half hour max. He just comes and take pictures of the baby and then leaves. He is not helping me support the baby. He is not on the birth certificate. My son has my last name. I want to give custody to my mother. Because I know she can give my son a better life then me and his father can. What do I have to do to make this happen? Can my sons father put his input?

Attorney answers (3)

  1. David Perry Davis

    Contributor Level 17


    Lawyers agree

    Answered . You can give custody to your mom, but you'd need dad's consent. Your mom
    would have to file an FD complaint, listing you and the dad as
    defendants. A consent order can then be signed - I've had people do this
    before (usually for insurance reasons). Make sure dad will consent - if
    there's a fight between a biological dad and your mom, the thumb is heavily
    on the scale as far as a biological parent's rights.

    Also, be cautious about how it's worded if your can do this by consent. If
    you give mom custody and then have a disagreement with her, well, you gave
    her custody and can't just un-do it. Have it worded so you can return to
    court, so the custody transfer is temporary until your living situation
    improves, etc. It should not cost much at all to have an attorney draft a
    consent order (and a complaint) that has wording that's clear.

    The above is said without seeing your case file and without my understanding the entirety of the facts of your... more
  2. Katherine Grace Houghton

    Contributor Level 11

    Answered . I agree with counsel, but would add that you may want to try and get his written consent to this first because if you file the complaint first and then he refuses to consent and worse yet, contests it and seeks custody himself, the court may give more deference to him than to your mother. When I am faced with these matters, I usually pursue the consent by mail first, or thru the parties if they are on speaking terms, then decide how to proceed. This usually smokes out his position in advance.

    The information contained herein is not intended to provide legal advice or create an attorney client relationship.... more
  3. Eric Zev Reimer

    Contributor Level 14

    Answered . A lot would depend on your son's father. If he is on board with the decision, then it can be accomplished easily enough. If he is not on board with it then you and your mom have a much tougher road ahead of you, although it still may be possible to do.

    I practice in your area, feel free to call my office to arrange a free consultation. And lots of luck.

    Mr. Reimer is licensed to practice law in NJ and NY. His response here is not legal advice and does not create an... more

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