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 Washington State, the courts prioritize the rights of parents in child custody matters, adhering to the principle that parents are presumed to act in the best interests of their children. Grandparents may be granted custody of their grandchildren under exceptional circumstances, such as when both parents are deemed unfit, both have passed away, or one is deceased and the other is incarcerated. Grandparent visitation rights in Washington are not automatic and are typically considered when the family structure has undergone significant changes, such as in cases of divorce, separation, or the death of a parent. The court will evaluate the best interests of the child when determining whether to grant visitation or custody to grandparents, taking into account the child's health, safety, and welfare, as well as the nature of the grandparent-child relationship.