I see.

In that case there are two options. The first is to file a motion with the court for an order of custody. If the mother contests the application, it will be an uphill battle legally. There is a presumption that the legal parents are the best caretakers for the child, and you would have to overcome this presumption by demonstrating that the mother is unfit. You may have better luck having your son motion for custody. He can make the case that he lives with you and that you support him and would support the grandchildren financially. It can be very difficult to obtain an award of third party custody, and depending on the circumstances, the court may be more likely to entertain your son's request.

The other alternative is to contact the Department of Children and Families to file a complaint that the children are being neglected. The problem with this is that there is no guarantee that you would be awarded custody, and the children may go to a foster family temporarily.

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