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 case. Depending on those facts, the above information be may incomplete or may be completely inaccurate. The above is intended as general information only based on what you described and not as legal advice. I advise you to consult with counsel who may be able to provide better information commensurate with a better understanding of your situation.
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. You should consult an attorney for individual advisement regarding your situation.
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 attorney/ client relationship. The response is in the form of legal education and is intended to provide general information about the matter in question. Many times the questioner may leave out details which would make the reply unsuitable. Mr. Reimer strongly advises the questioner to confer with an attorney in their own state to acquire more information about this issue.
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