Asked in Family Law for Maryland

Q: How would I go about willingly relinquishing custody of my child to my parents

I would like to willing relinquish custody of my child to my parents, but have no idea how to go about it. I am giving up custody because I'll be enlisting in the navy. Also, my sons father and I currently have no custody agreement. If he agrees, how would we go about this? If he disagrees to give custody to my parents, what would I need to do to make sure my parents get custody?

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1 Lawyer Answer

A: You would need to have the child's father also agree, otherwise any agreement between you and your parents would not "trump" that of the father if the father tries and take the child into his custody (i.e. without the father's consent and in the event father decides that he would like custody of the child, your parents would have to file for Custody (and they have additional requirements to meet before the Court would consider providing them with custody). As such, if both you and the father agree that your parents should have custody of the child, you should enter into a custody agreement with the 4 of you, and then file an uncontested custody matter in the Circuit Court of the county where you reside so the agreement can be incorporated, but not merged, into a Court Order.

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