Grandparents often play an important role in their grandchildren’s lives, offering love, stability, and family connection. But when parents separate, divorce, or restrict access, grandparents may suddenly find themselves cut off.
In North Carolina, grandparents do have limited legal options to seek visitation, but those rights are not automatic. The law prioritizes parental decision-making, so courts balance a parent’s right to raise their child with a grandparent’s desire to stay involved.
Here’s what you need to know about grandparent visitation rights in North Carolina and how to protect your relationship with your grandchild.
Don’t lose what truly matters: quality time with your loved ones. Contact a family lawyer today.
How North Carolina Law Views Grandparent Rights
North Carolina courts recognize that maintaining family relationships is valuable—but under the law, parents have a constitutional right to decide who spends time with their children.
This means grandparents cannot automatically request visitation at any time. Instead, their ability to do so depends on the family’s situation and whether the court already has jurisdiction over a custody matter.
The main statutes governing these rights are found in N.C. Gen. Stat. §§ 50-13.2 and 50-13.5(j).
When Grandparents Can Request Visitation
1. During an Ongoing Custody Case
If the parents are involved in a custody dispute—such as during or after a divorce—grandparents can file a motion to intervene and request visitation as part of that existing case.
Courts are most open to hearing grandparent visitation requests during custody proceedings because the child’s living and visitation arrangements are already being reviewed.
2. After a Custody Order Is Entered
Grandparents may also request visitation after a custody order has been entered, but only if there has been a substantial change in circumstances affecting the child’s welfare. For example:
- A parent becomes unfit or neglectful
- The child’s environment becomes unstable
- The grandparent has served as a primary caregiver in the past
The court will only reopen the case if it believes it’s in the child’s best interest.
3. After a Parent’s Death
If one of the child’s parents passes away, the surviving parent typically has full custody. However, grandparents of the deceased parent may seek visitation if it benefits the child and preserves family connections.
When Grandparents Cannot File for Visitation
North Carolina courts do not allow grandparents to file for visitation when:
- The child’s family is still intact (no custody case or separation).
- The parents are living together and making joint decisions about the child.
- The grandparent simply disagrees with the parents’ choices about visitation.
In these cases, the court will almost always defer to the parents’ constitutional rights to decide who their child sees.
Contact a family attorney in North Carolina today.
The Legal Standard: “Best Interests of the Child”
Even when a grandparent is legally allowed to petition, the court will only grant visitation if it serves the best interests of the child.
Judges consider factors such as:
- The child’s emotional bond with the grandparent
- The history of contact and involvement
- The child’s age and specific needs
- Any potential harm from restricting contact
- The stability and safety of the grandparent’s home
Ultimately, the court must be convinced that visitation supports the child’s welfare—not just the grandparent’s wishes.
What Grandparent Visitation Orders Include
If the court grants visitation, the order may outline:
- Specific visitation days, weekends, or holidays
- Supervised or unsupervised visits
- Conditions regarding transportation or communication
- Provisions ensuring the child’s stability and safety
Each order is tailored to the family’s circumstances, and either party can later ask for modifications if circumstances change.
When Grandparents Have Custody Rights
In some cases, grandparents may go beyond visitation and seek custody if the parents are deemed unfit or unable to care for the child.
Under N.C. Gen. Stat. § 50-13.2(a), grandparents can seek custody when:
- Both parents are deceased
- A parent is unfit due to substance abuse, neglect, or abandonment
- The child has lived with the grandparents for an extended period
However, custody cases are far more complex than visitation. Courts require clear proof that parental custody would be detrimental to the child.
Why You Need Legal Help
Filing for grandparent visitation is not simple. The law sets strict limits on when and how you can request it, and courts strongly protect parental authority.
A family law attorney can help you:
- Determine if you’re eligible to request visitation under current custody circumstances
- File the correct motions or intervene in an existing case
- Gather evidence of your role in the child’s life
- Present your case clearly and respectfully in court
Without legal representation, it’s easy to make a technical mistake or file at the wrong time, which can cause your petition to be denied.
Key Takeaways
- North Carolina allows grandparent visitation only in limited circumstances, usually during or after custody proceedings.
- Courts prioritize the parents’ rights unless the child’s best interests clearly justify visitation.
- Grandparents must show strong, ongoing involvement and that denial of visitation would harm the child.
- Legal representation is essential to navigate the process effectively and protect your relationship with your grandchild.
At Martine Law, we understand how important your connection with your grandchildren is. Our family law attorneys handle complex custody and visitation cases across North Carolina with compassion and experience.
If you’re seeking visitation or custody rights as a grandparent, we can help you take the right steps under North Carolina law.