Hello and welcome,
I am very sorry to hear of your loss. My condolences.
Since your son had not established his parental rights
, you would typically need to have a DNA test performed to produce evidence in your suit that the child is your biological grandchild. Without that, you would not have any grounds for asserting grandparent's rights.
DNA may be obtained from relative including you to determine paternity
typically, but you would need a court order if any of the parties are not willing to cooperate.
The state does typically allow grandparent's to seek visitation when one of the parent's of the child is deceased, so if you can establish that you are the biological grandparents, you would have grounds to seek visitation.
Here is a link that provides more information:
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