If your son wants custody, he should not voluntarily agree to return the child to the mother when she gets out of the hospital. He should file for custody while she is in the hospital to demonstrate that he is the acting custodian based on her actions. This is the type of case where an investment in an attorney now could pay big dividends down the road to secure a custody award. If you want tips on what to put in a custody order click on my link “Custody Order” below.