Can the grandmother get custody over her grandchild if given the rights by the father?

Answer 1

My understanding is no. My brother is in a situation right now and my mom wants custody of the kids but we were told she can not have custody unless both parents are in agreement.

The other thing you can do though (apparently) is if your daughter in law lashes out a lot in anger call the police and tell them you are afraid she will hurt herself or someone around her. The police will take her to the hospital and she will legally have to have a mental standing test. In this time your son can give you the right to temporary custody in front of a court. When the mental standing test of your daughter in law comes back ask your son to make sure he gets some copies and if it says she has poor mental standing or is unfit to care for herself or a child than you can take those results to court and your son can legally grant you full custody of the kids without his wife's consent.

If your son is not married to this woman or has not been around for at least the first few months of each kids life than he does not have the legal right and the child/children will be placed where the court feels fit.

Again, we were told this information because we are in the same situation but it could be wrong as we were not told it directly by a family law lawyer. Your best bet is to take this information and ask a family lawyer. What ever you do, DO NOT call children's aid as the children will be taken away from the whole family and than even your son would have trouble getting them back let alone you.  Please seek the help of a family lawyer.