Q: Is it possible for my spouse to give away custody of my child to her mom without my permission if we have joint custody?
I wont be in the same state as my spouse.
A: No, your spouse (former spouse?) cannot give away custody of your child to her mom without your consent. Generally the rights of parents to have custody over their children prevails over those of non-parents, including grandparents, for custody or visitation. Only in certain cases, such as those where a parent is unable to care for their child or has abandoned their child, do non-parents have a basis for seeking custody or visitation.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.