Grandparents Child Custody Rights in North Carolina
In North Carolina, grandparents may have the legal right to seek custody or visitation of their grandchildren under certain circumstances. These rights are typically considered when it is in the best interest of the child, especially in cases where the child’s parents are unfit, have abandoned the child, or when there is a substantial change in family dynamics, such as divorce or separation. Grandparents can step in to provide stability and care for the child if the court finds it necessary.
What Do Grandparent Child Custody Rights Mean?
In Raleigh, Grandparents have some limited statutorily defined rights under North Carolina Child Custody Law for visitation with minor children in custody disputes. NCGS 50-13.2 provides for Grandparents being allowed visitation in a Raleigh Child Custody Order when the issue of child custody is in dispute provided the Court deems it appropriate and the Grandparents have formally made themselves parties and requested this be addressed by the court.
Grandparents may not, however, file an independent action for child custody or for visitation based upon their status as grandparents. This is due to the constitutionally protected status of the biological parents being the controlling factor. In addition, Grandparents may not seek visitation with their grandchildren when the family is intact (Mom, Dad, and child) because they are not being allowed to see their grandchildren.
Visitation with Your Grandchild
Grandparents can request visitation rights, but this is not automatically granted. North Carolina courts may award visitation if it is in the child’s best interest and if there is already an ongoing child custody dispute between the parents.
However, grandparents must demonstrate that they have a substantial relationship with the child and that continued contact would benefit the child’s emotional well-being. Courts are generally cautious in overriding a parent’s decision regarding visitation unless there are compelling reasons.
Guardianship of Your Grandchild
Guardianship is a more significant legal step than visitation or temporary custody. It grants grandparents the responsibility for the child’s well-being, including decisions about education, healthcare, and daily needs.
Grandparents may seek guardianship if the parents are unable to care for the child due to substance abuse, incarceration, or other significant issues. Guardianship may be temporary or permanent, depending on the circumstances, and typically requires the grandparents to show that they can provide a stable, nurturing environment.
Grandparent Child Custody
In extreme cases, grandparents seeking custody must demonstrate that the child’s parents are unfit. To be awarded custody, grandparents must show that the child’s parents are unable to care for the child properly. North Carolina courts prioritize the best interests of the child and will consider whether placing the child with the grandparents will provide a safer, more stable environment. Custody decisions take into account factors such as the child’s relationship with the grandparents, the stability of the grandparents’ home, and the ability to meet the child’s needs.
Predetermined Custody
In cases where custody has already been determined and a Child Custody Order was entered, Grandparents may file a motion to obtain custody or for visitation based upon a substantial change in circumstances as set forth in NCGS 50.13.5(j ) by alleging that the minor children’s family is no longer intact or if the custody proceeding is ongoing (meaning there is either no Raleigh Child Custody Order in place or there has been a request by either parent to change the Child Custody Order currently in place.) An intact family can constitute a single parent and child.
Typically, when either parent files a Motion to Modify Child Custody, this creates the situation of the custody proceeding being considered as ongoing, and that is when it would be appropriate for grandparents to seek visitation of their grandchildren. For more information on Grandparents’ visitation, see the N.C. Court of Appeals decision in Eakett v. Eakett, 157 N.C. App, 500, 579 S.E.2d 486 (2003.)
Important Note on Grandparents Rights in North Carolina
In any action by a Grandparent, it is important to note the distinction between a claim for “custody” and a claim for “visitation.” The statutes only allow Grandparents to seek “visitation” unless the parents are acting inconsistent with their constitutionally protected parental rights, which then may give rise to a claim for custody.
The terms visitation and custody are often not distinguishable in Child Custody law in Raleigh, but here there is a clear distinction particularly with grandparents. The legislature was not attempting to create a method for Grandparents to take away custody from Parents, only to grandparents to see the child when custody is in dispute and the child would benefit from that relationship.
FAQ: Grandparents Child Custody Rights
Can grandparents automatically get custody of their grandchildren if the parents are unfit?
No, grandparents must petition the court for grandparent custody and demonstrate that it is in the child’s best interest to live with them. The court will evaluate the case based on the child’s needs and the grandparents’ ability to care for the child.
What factors does the court consider when granting grandparent visitation?
The court looks at the relationship between the grandparent and the child, the child’s emotional needs, and whether continued visitation would benefit the child’s life. Visitation is not automatically granted; it must be proven beneficial.
Can grandparents get visitation rights if the parents refuse?
In North Carolina, grandparents can petition the court for visitation if there is an ongoing custody case between the parents. However, the court will only grant visitation if it determines that it serves the child’s best interest. Consulting an experienced family law attorney can help grandparents navigate the legal process.
What is the difference between custody and guardianship?
Custody grants full parental responsibility for the child, while guardianship may be temporary and focused on specific decisions or periods of time when the parents cannot fulfill their role. Guardianship can be less permanent than full custody but still allows grandparents to care for the child comprehensively. Grandparents’ rights may be restricted if the child is adopted by adoptive parents.
How difficult is it for grandparents to get custody in North Carolina?
It can be challenging for grandparents to get grandparents custody since the courts prioritize placing children with their parents. However, if the parents are proven unfit or unable to provide proper care, grandparents may have a strong case for custody.
Contact Us & Speak With One Of Our Raleigh Attorneys
If you need assistance from an experienced family law attorney for your North Carolina child custody case, please contact us. We would be happy to speak with you and work with you to ensure your custodial rights are protected.
Call us today at (919) 301-8843!
