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 Hawaii, like in many states, the primary consideration in child custody matters is the best interest of the child. Parents are generally presumed to be fit custodians, and courts typically defer to the parents' rights to custody. However, under certain circumstances, grandparents may be awarded custody if both parents are deemed unfit, if they are deceased, or if one is deceased and the other is incarcerated. Grandparents may also petition for visitation rights, which are not automatic and must be determined by the court. Hawaii law allows for grandparent visitation if it is in the best interest of the child, particularly in cases where the parents are divorced, separated, or deceased. The specific conditions and procedures for grandparent custody and visitation are outlined in Hawaii Revised Statutes. It is important for grandparents seeking custody or visitation to consult with an attorney to understand the current laws and how they may apply to their specific situation.