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 Mississippi, the law recognizes the primacy of parents' rights in child custody matters. However, under certain circumstances, grandparents may be awarded custody of their grandchildren. These circumstances include situations where both parents are deemed unfit, both parents have passed away, or one parent is deceased and the other is incarcerated. Mississippi law also provides for grandparent visitation rights, which can be granted under conditions such as divorce, separation of the parents, or death of a parent. The state statutes outline specific criteria that must be met for grandparents to be awarded custody or visitation, and the courts will consider the best interests of the child in making such determinations. It's important to note that these rights are not automatic and typically require legal action by the grandparents to be recognized by the court.