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 Delaware, like in many states, the primary consideration in child custody matters is the best interest of the child. Parents are typically given preference in custody decisions. However, under certain circumstances, grandparents may be awarded custody if it is in the best interest of the child and both parents are deemed unfit, deceased, or otherwise unable to care for the child. For instance, if one parent is deceased and the other is incarcerated, grandparents can petition for custody. Regarding visitation, Delaware law does allow for grandparent visitation rights under specific conditions, such as when the parents are divorced, separated, deceased, or if the child has lived with the grandparent for a significant period. The court will consider factors such as the existing relationship between the grandparent and the child, the effect of visitation on the child, and the wishes of the parents or the child, depending on their age and maturity. Grandparents seeking custody or visitation rights should consult with an attorney to navigate the legal process and present their case effectively to the court.