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 Indiana, the law recognizes the primacy of parents' rights in child custody matters. However, under certain circumstances, grandparents can be awarded custody or visitation rights. Indiana Code Title 31, Article 17 covers child custody and visitation laws, including provisions for grandparents. Grandparents may petition for custody if both parents are deemed unfit, if both have passed away, or if one is deceased and the other is incarcerated. Grandparent visitation rights are also acknowledged, particularly when the child's parents are divorced, separated, or deceased. The court will consider the best interests of the child when determining whether to grant custody or visitation to grandparents. It's important to note that these rights are not automatic and the grandparents must demonstrate that their involvement is in the best interest of the child. An attorney can provide specific guidance based on the unique circumstances of each case.