V.T.
Your BIL has the right to petition for custody, but please remember that the child is now 12-13 years old, and it can have significant negative impact on the child to suddenly remove the child from the grandparents, especially considering that the child was already removed from the mother. However, I think your BIL is doing everything right by trying to establish child support and visitation. I think it is important for both of them to have a relationship, but I would really consider removing the child from the grandparents. I don't believe the grandparents have the right to keep the child away from your BIL, but that doesn't mean that they won't try and there can be a lengthy court battle. I think your BIL should try to have time time together with the grandparents or a third-party observer and slowly build a relationship. I can understand the grandparent's apprehension of suddenly letting the child alone with a stranger, and your BIL is a stranger at this point no matter what biology says. I think a battle over custody can make things ugly and lead to resentment on everyone's part. I think your BIL should do what he can to see his son, but try to be as nice as possible about it to make it as easy on the son as possible. After all it is ultimately about what is best for the child not your BIL.