Grandparents’ rights in North Carolina
In North Carolina, grandparents do not automatically have legal rights to custody or visitation with their grandchildren. However, under certain circumstances, the law allows grandparents to request court-ordered visitation or, in rare cases, custody.
At Martine Law, we help grandparents understand their legal options and fight for meaningful relationships with their grandchildren.
When grandparents can seek custody
Grandparents can seek custody in North Carolina if:
- The parents are unfit due to abuse, neglect, substance abuse, or abandonment
- Both parents have passed away or are unable to care for the child
- The child has been living with the grandparents for a significant period and removing them would harm the child’s well-being
Courts prioritize the best interests of the child, meaning the focus is on stability, safety, and emotional health.
Visitation rights for grandparents
North Carolina allows grandparents to request visitation in limited situations, including:
- During an ongoing custody dispute between the parents
- After a custody order has been entered, if it is in the child’s best interest
- In cases of adoption by a stepparent, under specific conditions
Grandparents generally cannot file for visitation if the family is intact and there is no open custody case.
Factors the court considers
When deciding whether to grant custody or visitation, courts may consider:
- The existing relationship between the grandparent and child
- The child’s age and needs
- The parents’ ability and willingness to foster a relationship with the grandparent
- Evidence of harm to the child if the relationship is severed
How a lawyer can help grandparents
A North Carolina child custody lawyer can:
- Evaluate if you meet the legal grounds for custody or visitation
- Gather evidence showing your role in the child’s life
- Represent you in negotiations or court hearings
- Advocate for orders that protect your relationship with your grandchild
Key takeaways
- Grandparents’ rights in North Carolina are limited but possible in certain situations.
- Courts prioritize the child’s best interest when deciding custody or visitation requests.
- Legal guidance is essential to navigate the complex rules around grandparents’ rights.
Seeking custody or visitation as a grandparent?
We fight for families and help grandparents protect their bond with their grandchildren.
Contact Martine Law for a confidential consultation.