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 New Hampshire, 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 have passed away, or if one is deceased and the other is incarcerated. New Hampshire law does provide for grandparent visitation rights under RSA 461-A:13. Grandparents may petition for visitation if the parents are divorced, separated, if one or both parents are deceased, or if a parent has relinquished custody to another person. The court will consider several factors, including the relationship between the grandparent and the child, the health of the parties involved, and the child's preferences, to determine if grandparent visitation is in the child's best interest.