Can I give up child custody to my Mother?

Full question:

I am the mother of a 4 year old and am wondering if it is possible to give up my parental rights? I have been actively involved in my sons life and he lived with me full time until age 2, when I was in a serious car wreck (broke my pelvis, sternum, all but 3 ribs, both collar bones, fractured my spine, both lungs collapsed, and had to have a tracheotomy). I have shared joint custody with my mother since then, and would like to give her full custody. I am bearly able to provide for myself and am just getting back on my feet. I have no way to support my son. My mother and her husband both work at well paying jobs, and are fairly well off in general. I feel like this would be the best thing for him, as he gets everything he needs at her house and more. She has agreed to allow me visitation whenever I please. The father was never involved until a year after the wreck when he remarried. I do not want him or his wife to get custody. His name is on the birth certificate however so I'm wondering if this would be an issue? Do I need his permission to give up my rights or grant custody to my mother and her husband? Or can I do this alone? And how do I go about doing it? Are there any certain forms to fill out? Do I go to the courthouse and ask for them or can it be done online?

• Category: Minors
• Subcategory: Custody
• Date: 04/07/2025
• State: Virginia

Answer:

The natural parents generally have preference to child custody. This means you and the Childs Father would be preferred or be considered. This does not mean that in a custody action either would get custody. The Court could find that another person would be better suited to have custody. However, unless the Mother or Father are unfit one or both would be provided custody. Since the Father has had little contact and you and your Mother have custody it may be that he would not be suited.  There is no way to tell for sure and as we stated he may be the one to get custody if you proceed.