Grandparents’ Rights Attorneys

In North Carolina, grandparents have some rights to visit or even gain custody of their grandchildren, but these rights are limited. The law assumes that a child’s biological parents are the best people to raise them, unless proven otherwise. Sometimes, though, parents aren’t able to provide proper care, and grandparents or other relatives step in to help. It’s important to know that getting visitation rights is usually easier than full custody, as each has its own rules.

The court’s main focus is always what’s best for the grandchild. To win visitation or custody, grandparents must show they’ve had a strong, parent-like bond with the child. This could include how much time they spend together, providing for the child’s needs, helping with school, or joining in activities like sports or clubs. The home must be safe and loving for the court to approve any changes.

Gaining custody as a grandparent is tough and often requires an existing custody case between the parents. Courts usually step in only if the parents are unfit, like if there’s serious drug abuse, mental health issues, financial inability to care for the child, abandonment, or a dangerous living situation that risks the child’s safety. If the Department of Social Services (DSS) wouldn’t remove the child, the court probably won’t either. For visitation, grandparents file a Motion to Intervene, which makes them part of the case. This is less strict. The court considers the child’s best interests, the child’s past relationship with the grandparents, and any parent’s unfitness. Showing a close bond can help secure regular visits.

Overall, grandparents in NC can protect their relationship with grandchildren if they’ve built a solid connection and it’s good for the child, especially if the parents aren’t fit. If you’re facing this situation, reach out to Brazil Family Law today. Our experienced attorneys know all about grandparents’ rights in North Carolina and can guide you through the process. We’re here to serve you and your grandchild’s best interest. Call us right away.