common law custody of childern by mother in-law of resently decised mother.

Dear Mr. Dileo:   SInce the parties were not legally married, your son has to file an action to determine paternity....immediately!  And  he might want to ask for this to be done on an emergency basis if grandma is trying to take the children.  Under Florida law he is not the "legal" father until there is adetermination of paternity.  Once a court enters a judgment of paternity, he would have supreior legal rights for the children to stay with him absent extenuating circumstances.      I hope this helps and I am sorry for your son's loss.   Best of luck, Cindy S. Vova Law Offices of Cindy S. Vova, P.A. Broward/Boca Raton/Miamii-Dade 954-316-3496/561-962-2785