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 California, the law recognizes the primacy of parents' rights in child custody matters. Grandparents can be awarded custody only under certain conditions, such as when both parents are deemed unfit, both have passed away, or one is deceased and the other is incarcerated. Grandparents may petition the court for custody in these situations. Regarding visitation, California allows grandparents to request visitation rights if the parents are divorced, separated, or if one or both parents are deceased. The court will consider the best interest of the child, the existing relationship between the grandchild and the grandparent, and the balance between the child's best interest and the parents' rights to make decisions about their child. The court's decision will be influenced by factors such as the child's need for stability and the grandparent's ability to provide a safe and nurturing environment.