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 York, the courts prioritize the best interests of the child in custody matters, with a strong presumption in favor of the child's parents. Grandparents may be awarded custody only in exceptional circumstances, such as when both parents are deemed unfit, both have passed away, or one is deceased and the other is incarcerated. Grandparents can petition for custody in these situations, but the burden of proof is high, and they must demonstrate that it is in the child's best interest to be in their care. Regarding visitation rights, New York law does allow grandparents to seek visitation under certain conditions, such as when one or both of the child's parents are deceased, or in cases where circumstances show that conditions exist which equity would see fit to intervene. However, these rights are not automatic, and the court will consider several factors, including the relationship between the grandparent and the child, and the wishes of the child's parents, to determine if grandparent visitation is in the child's best interest.