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 Kentucky, like in many states, the primary consideration in child custody matters is the best interest of the child. Parents are generally presumed to be the best custodians for their children, 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 both parents have passed away, or if one parent is deceased and the other is incarcerated. Kentucky law allows for grandparent visitation rights under specific conditions, such as when the child's parents are divorced, separated, or deceased. The court will consider whether granting visitation to the grandparents is in the best interest of the child. Grandparents must petition the court to seek custody or visitation rights, and the court's decision will be based on the child's welfare and safety, among other factors.