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 Rhode Island, 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 they are deceased, or if one is deceased and the other is incarcerated. Rhode Island law does provide for grandparent visitation rights under specific conditions. According to Rhode Island General Laws Section 15-5-24.3, a grandparent may petition the court for visitation rights if the parents are divorced, separated, or if one or both parents are deceased. The court will consider several factors, including the relationship between the grandparent and the child, the child's best interests, and any potential impact on the parent-child relationship. The statute ensures that grandparents have a legal avenue to maintain a relationship with their grandchildren, but these rights are not absolute and are subject to the court's discretion.