Most courts give great deference to the parents of children in child custody matters, and grandparents are awarded custody of their grandchildren only under limited circumstances.

For example, if both parents are unfit to have custody of their children, or if both parents are deceased, or if one parent is deceased and the other is in prison, grandparents may petition the court for custody of their grandchildren.

And grandparent visitation rights vary from state to state, and are often conditioned on certain circumstances, such as when the child’s parents are divorced, separated, or deceased.

In Alabama, the law generally upholds the principle that parents have the primary right to the custody and control of their children. Grandparents may be awarded custody in certain exceptional circumstances, such as when both parents are deemed unfit, both have passed away, or one is deceased and the other is incarcerated. However, these situations are rare and the court must be convinced that granting custody to the grandparents is in the best interest of the child. Regarding visitation rights, Alabama has specific statutes that allow grandparents to petition for visitation under certain conditions, including when the parents are divorced, separated, or deceased. The court will consider factors such as the willingness of the grandparents to encourage a close relationship between the child and the parent, the prior relationship between the child and the grandparent, and the child's preference, among others. The overarching concern in these matters is always the best interest of the child.