Family Law Questions? Ask a Family Lawyer Online.
Good morning. I certainly understand the situation and your concern. Your son would need to proceed through the court and establish paternity and then petition the court for custody or visitation of the child. I say this because they are not married and absent a current court order, the mother would have custody over the child. While I understand that is his child, until paternity is establish and a court order is in place, she or her family, have no legal obligation to allow him to see the child, if they do not want to. Moreover, if the mother is on drugs, the court would be inclined to take the child and place them in the care and custody of your son, the father, likely over another family member of hers. This is not a situation where he can just go and take the child or call the police, since there is nothing in place at this time showing he has a legal right to the child.
Please let me know if you have any follow up questions or need any clarification on something which I stated above. Also, remember to rate my service at the top of this page, before exiting the site, so I can receive credit for my help. I hope you found it to be Excellent! Only rate my answer when you are 100% satisfied. If you feel the need to click either of the two lower ratings to the left, please stop and reply to me. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provided.