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Courts generally try to do what they think is best for the child in such cases, however, the son-in-law has parental rights, regardless of his Visa status. Unless he gives up his parental rights, or is found by a court to be an unfit parent, it is unlikely that a grandparent will be given custody of the child.

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Q: Can a grandparent get custody as your daughter doesn't want her little boy and your son-in-law who is Indian is only here on a 2 year visa?
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