When parents divorce, separate, or pass away, grandparents may want to maintain a meaningful relationship with their grandchildren. While parents generally hold primary legal authority, North Carolina law provides limited options for grandparents to seek visitation or custody in certain situations.
At James L. Jordan Law, we assist grandparents with navigating the legal process of asserting their rights. If you are trying to protect or establish your connection with a grandchild, here is what you need to know.
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What Are Grandparents’ Rights in North Carolina?
Grandparents do not have automatic legal rights to custody or visitation. However, under specific conditions, state law allows grandparents to petition for court-ordered visitation or custody when it serves the best interests of the child.
➤ NC Gen. Stat. § 50-13.2 – Custody and visitation rights of parents and others
When Can Grandparents Seek Visitation?
1. During or After Parental Divorce or Separation
Grandparents may request visitation by filing a motion to intervene while there is an ongoing custody dispute between the parents.
2. After the Death of a Parent
Surviving grandparents may file a petition if one parent is deceased, especially when they had a strong, existing relationship with the child.
3. When the Child Has Lived with the Grandparent
If a grandparent has acted as a primary caregiver, the court may view them as a psychological parent and consider visitation.
4. When a Parent Has Lost Parental Rights
If a parent’s rights have been terminated or suspended, a grandparent may seek custody or visitation through a separate action.
Legal Standard: Best Interests of the Child
Every child custody and visitation case is determined using the best interests of the child standard.
Courts will consider:
- The bond between the grandparent and the child
- Emotional and physical well-being
- The child’s preference (if mature)
- The custodial parents’ support or objection to visitation
Can Grandparents Seek Custody in North Carolina?
Yes. Grandparents may seek custody when the child’s parents are unfit, absent, or involved in unsafe behavior. Courts are reluctant to remove a child from biological parents, so the burden of proof is high.
➤ NC Gen. Stat. § 50-13.2 – Custody provisions
Grounds for Seeking Custody:
- Abandonment: Parents no longer provide care or support
- Unfitness: Mental illness, neglect, or addiction issues
- Danger to the Child: Domestic violence, criminal activity, or unsafe living conditions
To win custody, grandparents must demonstrate that remaining with the parents is not in the child’s best interest and that they can provide a stable environment.
The Legal Process for Grandparents
1. Filing a Petition
Grandparents must initiate or intervene in a custody or visitation case through the North Carolina District Court.
➤ North Carolina Judicial Branch – Custody Forms and Process
2. Attending a Court Hearing
Both sides will present evidence and testimony before a judge. Representation by a family law attorney can help ensure that your petition is comprehensive and fact-based.
3. Best Interests Standard
Judges weigh each case using the child’s best interests, consistent with precedent and statutory law. Grandparents must demonstrate that their involvement supports the child’s long-term emotional and physical well-being.
Final Thoughts
Grandparents play a vital role in a child’s life, but their legal rights depend on specific legal circumstances. If you are concerned about maintaining your relationship with your grandchild, a petition for visitation or custody may be appropriate.
At James L. Jordan Law, we help grandparents across North Carolina navigate child custody and visitation disputes. Whether you need to file a motion or respond to one, we provide the experienced legal counsel necessary to protect your rights and the best interests of your grandchild.
Contact us today to schedule a consultation.
