Wondering if you have a legal right to stay involved in your grandchild’s life after their parents’ divorce? Or are you concerned about your grandchild’s safety in their current home? North Carolina law allows grandparents to seek custody or visitation in certain cases, but the process isn’t easy. Courts give strong preference to parents, and you’ll need more than a close bond to move forward.
The relationship between a grandparent and grandchild is worth protecting. A grandparent custody lawyer from Caulder & Valentine Law Firm, PLLC can review your situation, explain your legal options, and guide you through what comes next. Contact us to get started with an initial consultation session.
Do Grandparents Have Custody Rights in North Carolina?
You can seek custody as a grandparent in North Carolina, but you must meet strict legal standards first. You must show that your grandchild’s parent is unfit or has taken actions that put their parental rights at risk, such as abandoning the child or putting them in danger.
Courts can also grant grandparents visitation rights in NC during ongoing custody cases between parents. In these cases, you must establish that a visitation schedule would be in your grandchild’s best interest.
Grandparent Visitation vs. Custody
There is an important distinction between visitation and custody in these cases:
- Custody gives you the legal right to have a child live with you or make decisions about the child’s life.
- Visitation gives you scheduled time to see the child but no decision-making power or permanent living arrangement.
North Carolina courts treat the two types of requests differently and require different legal steps and evidence for each.
When Can Grandparents Seek Custody or Visitation?
North Carolina law only allows grandparents to request custody or visitation in certain situations:
Custody
To obtain custody of a grandchild, you must show that both parents are either unfit or have acted in a way that results in the loss of their parental rights. This includes cases of abuse, neglect, abandonment, or threats of harm.
Judges will look at all the facts and decide whether either parent’s behavior has justified taking away their rights and awarding custody to you instead. The court will consider factors such as:
- The child’s current living situation
- The child’s needs
- Your existing relationship with the child
- Your ability to care for the child
Visitation
You can only request visitation rights as a grandparent during an ongoing custody dispute between the parents. This means that while grandparents can petition for visitation as part of an existing custody case, they cannot initiate their own action.
These cases require proving that the visitation schedule is in the child’s best interest. When determining whether to grant visitation, the court may consider:
- Your relationship with the child
- Distance between households
- Both the child’s and your schedules
- Impact on the child’s well-being
- Impact on the parents’ rights
Grandparents can also seek visitation rights if the child has been adopted by a stepparent or close relative. However, you must prove you have a substantial relationship with the child to obtain it. If the child was adopted by someone outside the family and both biological parents’ rights have been terminated, you cannot get grandparent visitation at all.
How to Obtain Custody of Grandchildren in North Carolina
To request custody, you start by filing a complaint with the court. If there’s already a custody order in place, you may file a motion to change it. Either way, you must show that the child’s parents are unfit or that they have effectively given up their parental rights through their actions.
An experienced family law attorney can help you build your case, file all the right documents, and explain what evidence the court will need to see.
FAQs
If you’re a grandparent thinking about seeking custody or visitation, you probably have questions about what to expect. Here are some straightforward answers to questions our team often hears about grandparents’ rights in North Carolina.
What are my rights as a grandparent?
North Carolina does not give grandparents automatic custody or visitation rights. However, you can file for custody if you believe the child’s parents are unfit or have given up their parental rights. For visitation, you can only file if there’s already an open custody case between the parents or if the child was adopted by a stepparent or relative. In any case, you must prove to the court that custody or visitation with you would be in the child’s best interests.
Can I adopt my grandchild?
Adopting a grandchild can only happen if the parents agree to the adoption or have their rights terminated by the court. You’ll also need to meet certain criteria and show that adoption is in your grandchild’s interests. A family law lawyer can guide you through this process and explain how adoption affects grandparents’ rights in NC.
What if I feel my grandchild is in immediate danger?
If you believe your grandchild is at risk of serious harm, you can file an emergency custody petition. You’ll need to present compelling evidence of the risk. If the judge agrees, they can issue a temporary custody order right away and then schedule a full hearing. These cases move fast, so it helps to have legal support.
How can a North Carolina grandparents’ custody rights lawyer help me?
Custody and visitation cases involve strict procedures, and the law gives parents special status. A family law lawyer can help you protect your grandchild by explaining the process, filing the right legal actions, gathering evidence to meet all requirements, and representing you in court.
Contact Caulder & Valentine Law Firm, PLLC Now
When your grandchild’s safety and stability are on the line, you need clear answers and dependable legal guidance. That’s where Caulder & Valentine Law Firm, PLLC comes in.
Our lawyers for grandparents’ rights have more than 25 years of combined legal experience handling complex family law matters in North Carolina. Our team has helped multiple North Carolina grandparents obtain custody in situations involving parents struggling with substance abuse and behavioral issues.
People trust Caulder & Valentine Law Firm, PLLC because they know we provide unwavering support and real results. Here’s what one former client had to say about working with us:
“Thank you so much Mr. Valentine for your expert representation of My Child Custody case. You and your team were very professional and worked quickly to get emergency and then temporary custody of my grandson. I really appreciate you and all have done for me. I highly recommend Josh Valentine for your child custody case should you need a professional, knowledgeable, great person to represent you.” – Michelle Walker
Contact us today to learn how we can help you in a confidential consultation session. Let us review your situation, explain your legal options, and help you decide on your next steps.