Can I Get Child Custody of My Grandchildren?

In North Carolina, Grandparents do have rights, and can file for Child Custody of a minor child. In order to do so, a Grandparent must sue for custody from the parent or individual caring for the minor child and allege parental unfitness or child neglect. This can become a complicated process, especially if a parent is opposed to the Grandparent taking custody.

Under North Carolina Law, Grandparents may also be awarded visitation rights as well; however, the standard that must be met is much higher and the Grandparent has the burden of proving the visitation is within the best interest of the minor child. And to make it even more difficult, a Grandparent only has standing to sue for visitation if there has been a custody order entered or there is an ongoing custody dispute and the family is no longer intact.

The Supreme Court of North Carolina has refused to give Grandparents standing in the event there is an intact family, and a family has been considered to be intact if it consists of a singe parent with a child, and if that parent has no ongoing custody dispute, the grandparent has no standing to seek visitation. Even in the event that two parents are separated, if there is no ongoing child custody dispute in North Carolina or any other state, the Grandparents do not have standing to file for child custody.

If you are a Caring Grandparent or a parent trying to preserve your fundamental constitutional right to raise your child, contact a Child Custody Attorney at the Law Offices of David Sheehan and speak with a Lawyer today.