[Nicky]

It would depend upon who the judge sees as the better custodial parent for the child (more stable, better prepared, time available, etc). Certainly the fact that the mother was in the process of trying to give up guardianship of the child, as well as her intentions to keep this from the childs father will play into how the judge sees her behavior. However, I don't think that would necessarily make her a lesser choice for the custodial parent, especially if she shows good reasoning behind her decisions (such as not being able to care for the child properly w/o the fathers voluntary involvement). At the very least, my guess would be that the judge would decide upon joint custody if the mother and father we're both adequately capable.