Custody

You are the bilogical grandparent and that supersedes a stepfather you stand a good chance of getting costody , you might have a fight on your hands depending on how bad the stepfather wants the child and if he is a fit guardian , if you want your grandchild fight for the child . Juvenile Court smiles on grandparents , the odes are definaly in your favor

It all depends on what your daughter has stated in her wishes in regards to her husband being allowed to continue with raising the child. If she left legal documents giving him guardianship then he can remain the legal guardian at least until the court overides that decition. There are two reasons that the court could over rule his guardianship. One the biological father files for custody if he is still living. If he does not choose to for some reason then you the grandparent can file for custody. It then would be up to the court to decide the best interest of the child. They will take in considerration how long the step parent as been apart of the childs life and the age of the child. Your rights as far as getting custody would be only if the father does nothing to file for custody of his daughter.