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 Tennessee, the law acknowledges the primacy of parents' rights in child custody matters. Grandparents may be awarded custody of their grandchildren under certain limited circumstances, such as when both parents are deemed unfit, both have passed away, or one is deceased and the other is incarcerated. Tennessee Code Annotated § 36-6-306 outlines specific conditions under which grandparents can petition for custody. Regarding visitation rights, Tennessee statutes provide for grandparent visitation under certain conditions, including if the child's parents are divorced, legally separated, or one or both parents are deceased. The court will consider the best interest of the child when determining whether to grant visitation rights to grandparents, as per Tennessee Code Annotated § 36-6-306. The statutes aim to balance the rights of the parents with the child's need for a relationship with their grandparents, while always prioritizing the child's best interests.