Custody as in legal guardianship where your mother would have the legal ability to make all day-to-day decisions for the care, educational, and medical decisions for the child?
Or, do you mean custody in the sense that your sister wishes to terminate the parental rights she has to this child?
Each are done through family court at a state level. Both can be done voluntarily but this child does not only have a legal mother but a legal father. The court will go through a process to ensure that the father can be notified and verify that these actions are also his desire. If he disagrees, by law he has the right to take custody of his child before a grandparent.
We had guardianship of our nephew for three years where he lived with us while his mother got stabilized. If parental rights don't need to be terminated, and a child can stay within their family of origin safely then that is a preferred route to explore.
at 10:28 PM on Aug. 19, 2009