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 Kansas, 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 Kansas law, grandparents may be awarded custody in certain circumstances where it is shown to be in the best interest of the child. This could occur if both parents are deemed unfit, if they are deceased, or if one is deceased and the other is incarcerated or otherwise unavailable to care for the child. Grandparents may also petition for visitation rights, particularly when the child's parents are divorced, separated, or deceased. Kansas statutes provide specific provisions for grandparent visitation under these conditions, but the court will always focus on what arrangement serves the child's best interests.