[mary e hamilton]

My son has a four year old son (he will turn five on dec. first). The girl that he impregnated lived with us (my son lives at home with my boyfriend and myself) during the whole pregnancy and up till the baby turned one year old , she then moved with her mother and took the baby with her, less than a year later she was involved with another man and they moved in together . That was about five years ago. They have separated now and he has taken my grandson and the child she had with this man (not to mention the fact that she is pregnant now) and moved in with his parents. What chance do you think my son has obtaining custody of my grandson or how can we get my grandson back with us. By the way she has a black eye and her arm is in a sling!

[ScottGem]

This man has no right to your grandson. So your son should be able to go and just take custody of his son while he files for permanent custody with the courts.

I'm assuming here, that your son is the legal father (either listed on the birth certificate or signed an acknowledgement of paternity). Has he been visiting his son all along or has the mother prevented that?

But the bottom line is, as long as your son is the legal father to the child and the there are no court orders giving primary custody to the mother or someone else, then he can go get his child. However, if the child is still with the mother and the mother refuses to let him have the child, then he has to go through the courts first.