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 North Dakota, 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 are deceased, or if one parent is deceased and the other is incarcerated or otherwise unavailable. North Dakota law does provide for grandparent visitation rights under specific conditions, such as when the parents are divorced, separated, or deceased. These visitation rights are not automatic and must be petitioned for in court. The court will consider factors such as the relationship between the grandparent and the child, the child's best interest, and the impact on the parent-child relationship. It's important to note that these laws are subject to change, and an attorney can provide the most current advice based on the specifics of any given situation.