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 Nebraska, the courts prioritize the rights of parents in child custody matters, adhering to the principle that parents are presumed to be fit and have the best interests of their children at heart. Grandparents may be granted custody of their grandchildren in Nebraska under certain circumstances, such as when both parents are deemed unfit, both have passed away, or one is deceased and the other is incarcerated. However, these situations are exceptional, and the grandparents must demonstrate that it is in the best interest of the child for them to be awarded custody. Regarding visitation rights, Nebraska law does allow grandparents to seek visitation under specific conditions, such as when the parents are divorced, separated, deceased, or if the child was born out of wedlock and paternity has been established. The court will consider several factors to determine if grandparent visitation is in the child's best interest, including the child's wishes, the health and safety of the child, and the quality of the relationship between the grandparent and the child.