Grandparent rights and son's rights

[sldh20]

My son and his girlfriend had a son in January of this year.  Since then they do not get along due to jealousy issues.  The girlfriend lives with her parents, but had a brief period where she lived with my son.  This was due to her father and mother keeping the baby and holding a gun to her and my son.  The girlfriend dropped the charges on her father and has since moved back to her parents as she got mad at my son over another girl.  I was able to see my grandson at the hospital and during the time that she stayed with my son, but I have not been allowed to see him since.  She will not return my calls when I am in town.  She has also refused to take money from my son and refuses to let him see his son because they are "not together" anymore.  Her father is trying to get custody of my grandson and he has hired an attorney to get child support and custody for his daughter right now.  It is a woman attorney and the judge will also be a woman.  The girlfriend's father is a known drug dealer and I cannot prove it.  Only thing I have is that he owns a home he paid cash for, is putting two additions on it, owns several new cars and works for approx 15.00 an hour.   He has a local prominent attorney hired on retainer just in case he would get arrested for drug charges.  The attorney's are his friends. There is more I know, but I cannot prove it.  My son does not have the money for an attorney, nor do I.  I would love to be a part of my grandson's life and for some reason, my son feels he is in a losing battle with this family.  

I need help on this.  If the ex-girlfriend gets custody of my grandson, her father will eventually try to take custody from her.  She has told my son that she did not want to take him to court and her father has forced her to or he will kick her out.  

Do I have any rights as the grandmother?  How can I make sure that my son does not lose his custodial rights?  

[karynmb123]

I'm sorry to hear about your situation. Is your son a minor? Because I don't know if the laws are different for minors or not. But as far as GP rights, VA doesn't really have any unless both parents can be declared unfit.

However tell your son to go to the court and talk to the clerk, the clerk will help him file for visitation. He shouldn't need an attorney if visitation is all he is asking for, barring extreme circumstances, he will automatically get visitation. Minimum is every other weekend. Also, has his paternity been established? Did he sign a paper at the hospital stating that he was the father? If they were not married the court may require a test, but maybe not if your son says in court that he knows he is the father. But he may want to know 100% either way.

Anyway hope this helps. Good luck and tell your son to file ASAP.

-K

[sldh20]

Thank you for the advise.  My son is actually 20.  He has signed the birth certificate and is confident this is his son.  That is not really a question for him.  His concern and my concern is that he will not get visitation and he will be hit really hard with support as he is not represented by an attorney.  He goes to court Dec 8, but is scheduled to go to the clerk on Nov 9 to file for visitation and custody for himself so that they will be heard on the same day.  I live 2 hours away from him and I would love to be a part of my grandson's life, but it sounds like I have nothing to go on.  

Thank you again.

;)

[skye]

what county? I can pull up the forms by county, he needs to file for 50%/50% phisical and legal NOW

[sldh20]

Augusta County, VA

[skye]

http://www.courts.state.va.us/courts/jdr/Augusta/home.html