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 Iowa, as in most states, parents are generally given primary consideration in child custody matters. Grandparents may be awarded custody of their grandchildren under certain limited circumstances, such as when both parents are deemed unfit, both have passed away, or one is deceased and the other is incarcerated. Iowa law does recognize the rights of grandparents to seek visitation with their grandchildren. Grandparent visitation rights are typically considered when the child's parents are divorced, legally separated, or deceased. The court will evaluate the best interests of the child when determining whether to grant such visitation rights. It's important to note that these rights are not absolute and are subject to the court's discretion, which will consider the specific circumstances of each case to ensure the child's welfare and stability.