Hi - my name is XXXXX XXXXX X'm a Family Law litigation attorney here to assist you.
Your son will have to file a petition to establish paternity and for custody of the child. He will have to show the judge that it is in the child's best interest to live with him as it provides the best home environment, stability, and nurturing environment for the child. Also, the father would have to prove that he has the time and resources to care for the child.
The judge is required to do whatever is in the child's best interest. If your son can prove that the mother isn't a fit parent, has an unsafe/unstable home environment, is living with someone with an alcohol addiction, etc., your son should be able to put up a good case that the mother is unfit.
Here's a link to the paternity form petition: http://www.coloradodivorcemediation.com/tools/Colorado-Paternity-Forms/Paternity.pdf
Here's the custody form: http://www.coloradodivorcemediation.com/tools/Colorado-Parental-Responsibilities-Forms-10/ParentalResponsibilities_Petition.pdf
Sorry - I didn't see where you asked about wanting immediate custody.
As for you personally as a grandparent, it is practically impossible for you to seek custody.
However, your son can file for an emergency custody order, but Colorado courts usually only allow this is you can prove the child is in immediate danger, being abused, neglected or abandoned.
Here's a link that outlines this matter: http://www.coloradodivorcemediation.com/tools/Colorado-Parental-Responsibilities-Forms-10/ParentalResponsibilities_Petition.pdf
If he wants to do this, he'll need to hire a local family law attorney to file for emergency custody as it will take a lawyer to get this done.
You're right that emergency custody is very hard to get, but it's possible in certain situations.
Yes, your son living with you will not impair his ability to seek custody of the child. As long as the home environment is more stable than where the child currently is, that's the main factor.
As I said earlier, the judge's main concern is that the child's best interest be looked after. If that means placing the child with the father at your house, that's just fine as long as it's in the child's best interest. Based on what you've told me, the child is in a pretty unstable environment with your nephew, so the judge should view your home as a better environment.
Please bear with me. I have a telephone conference with a federal judge. I'll respond when I get done with that. Thanks.
Here's a link to all of the forms available in Colorado: http://www.courts.state.co.us/Forms/Forms_List.cfm?Form_Type_ID=108. Form 1106 is a motion for a temporary order. I would contact the clerk, however, to make sure that's the correct form.
Also, I would recommend that you contact the Colorado Bar Association (www.cobar.org) and ask for help with locating a local pro bono or legal aid attorney to assist your son in getting this done.
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