In Florida, the age of majority is 18 years old. Thus, his girlfriend is legally an adult and can do whatever she chooses. She doesn't have to give custody to the aunt and uncle - and CANNOT give your son's custody away.
The only way your son would lose custody rights is if a judge took them away and gave them to the aunt and uncle or someone else. To do this, it would have to be proven that the child is in danger if left with your son.
My suggestion is that you speak with a family law attorney in your area about assisting with getting custody and visitation rights for your son once the child is born.
Also, you can speak to the girlfriend about the situation and try to get her to agree not to give up her rights to the child.
I was told that he does not have a chance (if she decides to give aunt/Uncle custody) because they are not married is this a fact? My son wants the opportunity to raise his son especially if she is willing to just leave the baby to go off to college. Short of Marriage how can this happen or can it happen? Does he have a shot a getting his child when she leaves?
No, this is not a fact. Taking a parent's rights away is very difficult and something a judge never wants to do. Unless it is shown that he is unfit, he will be allowed to keep his parental rights, custody and visitation. However, it is possible that the child is placed in the guardianship of someone else - but he should not lose his rights to his child simply because of his age and the fact that they're not married.
If the mother doesn't want the child, he is - legally - the next of kin to the child and he is entitled to full custody unless a court rules otherwise.
If he is not on the birth certificate, paternity will have to be established. Whether or not he gains custody is up to the court.
Because the girlfriend is over age 18, she doesn't have to do anything her aunt and uncle say. However, if they are her source of income, I can understand that she does.
If they're going to resist your son's attempts to get the child, you need a lawyer asap.
You can't get a court-appointed lawyer because this is not a criminal case.
You can contact the state bar association (http://www.floridabar.org/tfb/flabarwe.nsf) and ask for help locating legal aid services in your area. They can help your son with this matter.
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