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 Wisconsin, the law recognizes 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. Wisconsin Statute § 767.43 specifically addresses grandparent visitation and provides that grandparents, great-grandparents, and stepparents may petition the court for visitation rights. These rights may be granted if the court finds that visitation is in the child's best interest and if certain conditions are met, such as the parents' divorce, legal separation, or the death of a parent. The statute also allows for visitation rights if the child has resided with the grandparent for a significant period. However, the court will always prioritize the child's best interest and the rights of the parents when making custody and visitation determinations.