My son has had my grandson, CHRI, for about 2 yrs now. He and his wife are separated. Neither of them have custody papers. Recently, he's been letting her see chris and take him home for overnight stays. Now she said she's not bringing him back. Can my son legally go get him, not from her house, she would get him for trespassing but wait out for her to leave..
Thank you so much for you help

If there are no court orders for custody, then they have equal rights (assuming he is the legal father). So no he can't just go get the child if she refuses.

He should have gone to court a long time ago to legally establish custody.Thats what he needs to do now.

... Can my son legally go get him, not from her house, she would get him for trespassing but wait out for her to leave [?]..

Get him out of her house after she leaves? How do you think that wouldn't still be trespassing?

She would leave the boy in the house alone? How old is their son?

No, as ScottGem suggested, get a custody order.

His name is on the birth certificate. I have always been told he can take him back as long as he doesn't broke the law doing so

Chris is almost 3. But talking about when she leaves the house with him.

The only way he might legally get Chris back is if she leaves him at day care or something like that and they allow him to pick Chris up. If he goes to her house he cannot enter the house.

He NEEDS to go to court to establish custody. The fact that Chris has lived with him for 2 years, that he voluntarily allowed her visitation and that she broke the agreement by not returning the child will work against her in court.

She is also a convicted felony child abuser against another one of her children, Not my sons child, she cheated on him when they were married.

Which makes it all the more likely a court will rule in his favor.

What were the conditions that he gained custody?

Chris is almost 3. But talking about when she leaves the house with him.

So he walks up to them in the street, grabs the boy and runs off with him?

That's asking for trouble. Get an attorney to get a court order.

He only got temporary custody until she done her time in jail, which was time served 6 months, and finnished he partnering and anger management classes

I told him and told him to do something before it was to late and now it is. He said he never thought she would do this.

What kind. They both have legal custody.