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Do Grandparents Have Rights In Custody Disputes?

In legal disputes over child custody and visitation, people often overlook an important presence in the child’s life – the grandparents.

In North Carolina, grandparents have limited rights in terms of seeking custody and visitation. Grandparents may intervene directly in a custody action, but only while an open lawsuit between the parents is pending. If you are a grandparent seeking visitation rights, time is of the essence. If you wait until the custody action is resolved, you lose important rights.

Once the custody action is resolved, grandparents may seek custody rights, but only in relatively rare circumstances. In order for a grandparent to gain custody of a child, the child must be in danger due to neglect or abuse by the parents, or the parents must voluntarily give up their rights.

Talk with an attorney at Ellis Family Law, to gain valuable advice and representation regarding grandparents’ rights in North Carolina. We handle child custody and visitation matters for clients in the Triangle area from our offices in Durham, Pittsboro and Wake Forest.

Third-Party Custody Actions

In North Carolina, any third party, including aunts, uncles, siblings and family friends, may seek custody of a child. As with grandparent custody, the circumstances must be extreme. The parents must be unfit or have waived their constitutional parental rights.

Third-party child custody cases are very fact-specific and courts do not terminate a parent’s rights without good cause. We cannot tell you how your custody case is likely to unfold without a thorough accounting of the factors at play.

Frequently Asked Questions About Grandparent And Third-Party Custody

Seeking custody as a grandparent or third party can be complicated. It’s important to be as informed as possible as you pursue custody. The following questions and answers may provide you with some clarity. For further inquiries, contact our firm today.

Can grandparents seek emergency custody of grandchildren?

Emergency custody is a temporary transfer of custodial rights when a child’s welfare and safety are at immediate risk. Grandparents can request emergency custody in situations of domestic violence, substance abuse, child abuse or neglect. However, requesting emergency custody does not guarantee it will be granted. The court will consider the case carefully to determine whether the situation warrants the immediate removal of the child to a grandparent’s care and the temporary termination of a parent’s custody.

When can grandparents or third parties seek custody or visitation rights?

Seeking custody or visitation as a grandparent or other third party is often a complex area of custody law. Grandparents can seek custody or visitation in certain situations, including:

Requesting visitation after a divorce or death of a parent
Requesting custody if the parents are deemed unfit or otherwise unable to care for the child, such as the parent or parents are disabled or developed a serious substance addiction
The grandchild lived with the grandparents for at least a year and was then removed by the parents
The grandchild has been adopted by a stepparent and the grandparent’s child terminated their parental rights or has since died

Grandparents should be able to be a part of their grandchild’s life. Grandparents have to provide evidence of a substantial relationship exists with their grandchild to the court and that their request for visitation or custody is within the best interests of the child.

What happens if parents disagree about grandparents’ involvement?

While most grandparents are involved with their grandchildren’s lives naturally, some grandparents may receive pushback from one of the parents. If one parent doesn’t want you around or cuts you off from seeing your grandchild, what are your options? If you cannot resolve this matter through discussion with the parents on your own, you can take your situation to court to request visitation. You will have to demonstrate that visitation is in the child’s best interests.