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 Pennsylvania, the law recognizes the primacy of parents' rights in child custody matters. However, under certain circumstances, grandparents may be awarded custody or visitation rights. According to 23 Pa.C.S. § 5324 and § 5325, grandparents can seek custody if the child has been determined to be dependent, the child is substantially at risk due to parental abuse, neglect, drug or alcohol abuse or incapacity, or the child has resided with the grandparent for at least 12 consecutive months. Additionally, grandparents may petition for visitation if a parent is deceased, the parents are divorced or have been separated for at least six months, or the child has lived with the grandparent for at least 12 months. The court will consider the best interest of the child, giving weight to the child's physical, emotional, and developmental needs, the child's preference, the relationship between the child and the grandparent, and the impact on the child's education and social life. The court will grant custody or visitation to grandparents only if it serves the best interest of the child and does not interfere with the parent-child relationship.