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 Jersey, the law acknowledges the importance of the parent-child relationship and typically prioritizes parental rights in child custody matters. Grandparents may be awarded custody of their grandchildren in New Jersey under certain circumstances, such as when both parents are deemed unfit, both are deceased, or one is deceased and the other is incarcerated. However, these situations are exceptional, and the grandparents must demonstrate that their custody would be in the best interest of the child. Regarding visitation, New Jersey law allows grandparents to petition for visitation rights. The state's statutes provide that grandparents may be granted visitation if they can prove that such visitation is necessary to avoid harm to the child, and the court will consider factors such as the relationship between the child and the grandparent, the relationship between each of the child's parents or the person with whom the child is residing and the grandparent, and any other factors relevant to the best interests of the child. It's important to note that grandparent visitation rights are not automatic and are subject to the court's discretion.