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 Vermont, as in most states, parents are typically given preference 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. Vermont law does provide for grandparent visitation rights under specific conditions. According to Vermont Statutes Title 15, Section 1013, a grandparent may be granted reasonable rights of visitation or access if it is in the best interests of the child and does not interfere with the parent-child relationship. Such visitation rights are more likely to be considered if the child's parents are divorced, separated, or deceased. Each case is unique, and the court will consider multiple factors to determine the best interests of the child when deciding on grandparent visitation or custody.