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 Montana, 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 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. Montana law does provide for grandparent visitation rights under specific conditions, such as when the parents are divorced, separated, or deceased. The statutes governing these rights are designed to balance the parents' rights with the child's best interest while also considering the importance of the grandparent-grandchild relationship. Grandparents seeking custody or visitation rights must petition the court, and the court will make a determination based on the child's welfare and the specific circumstances of the case.