Ask a Lawyer and Get Answers to Your Legal Questions
Hi - my name is XXXXX XXXXX I'm a litigation attorney here to assist you.
You would have to file a petition for guardianship of the child with the local family law court. The petition would have to prove that the child is better off with you than in his/her current situation.
I would recommend that you hire a local family law attorney in your area to help with drafting a petition.
Yes, you still have to file a petition because custody can only be changed by court order. The mother can sign a "joinder" in the action supporting your petition and agreeing to your request for guardianship, but the court will still have to approve your request.