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 Idaho, 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. Grandparents may be awarded custody of their grandchildren under certain circumstances, such as when both parents are deemed unfit, both are deceased, or one is deceased and the other is incarcerated. However, these situations are exceptional. Regarding visitation, Idaho does recognize the rights of grandparents to maintain a relationship with their grandchildren. Grandparent visitation rights may be granted if it is in the best interest of the child, particularly in cases where the parents are divorced, separated, or deceased. The specific conditions under which visitation may be awarded are outlined in Idaho state statutes, and the court will consider various factors to determine if grandparent visitation is appropriate.