Thank you for your question.
Both Federal and State laws favor parents making decisions in keeping access away from grandparents if they so choose. In 2000, the US Supreme Court, in a decision called Troxel v. Granville, stated that parental rights
are superior to grandparent rights and that parents have the right and the ability to withhold access.
That does not mean that grandparents have no rights. They can still petition the courts for guardianship
or for visitation, but getting such rights is fairly difficult. The courts will only grant visitation if grandparents can show that a legitimate bond exists with the children, and that it would be in the best interest of the children to be with their grandparents. Additionally, if the grandparents ever had guardianship, or the children lived with them for a significant time (5 months is borderline), makes it much more likely that such a bond existed.
Ultimately you have 2 options--you can either pursue visitation through your son (that is, when he has custody, he can permit you to see the child), or, if you have your own bond with the child, you can seek and pursue formal visitation. However without some sort of a bond I do not see the courts granting you rights.
Hope that helps.
PS. In terms of asking questions, if you ask follow-up questions to this, you are free to do so until satisfied. If you wish to ask questions beyond the scope of this topic and questions, the site prefers that you open up a new thread for the new question.
Edited by Dimitry Alexander Kaplun on 2/1/2011 at 5:38 AM EST