If your son’s mother pass and you’re on birth certificate do you just take him or do you have to go to court?

Because your Husband is the natural father his rights trump those of the grandmother. The issues are did he establish his rights before the mother died. You said his name is on the birth certificate however was he ever adjudicated the father in a administrative or family court proceeding. He will need to start there he he wishes to gain custody of his children. Additionally depending on how long the children have been in Alabama jurisdiction may have transferred there.

The grandmother has absolutely no legal authority for what she has done, but you have no remedy except going to court. You need to contact an attorney to pursue getting a court order where you live that gives you legal custody and orders grandmother to return the child. Then, you need to get an attorney in Alabama to register that order and get an Alabama court to enforce it. The longer you wait to start legal action the harder it will be to succeed in getting your child back.

Your husband needs a family law attorney. The question you asked is too complicated to answer properly in this board.