Grandparents’ Rights in North Carolina

When a Grandparent Steps In, It’s Not About Replacing Parents—It’s About Protecting a Child

North Carolina law allows grandparents to seek custody or visitation, but the path isn’t always easy. We help grandparents in Durham understand their rights and fight for meaningful involvement when it matters most.

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Sometimes, the People Who Step Up Aren’t the Parents

Maybe you’ve been raising your grandchild for years, but now a parent wants to take them back.

Maybe you’re worried about your grandchild’s safety—and wondering if there’s anything you can do.

Grandparents are often the quiet anchor in a child’s life. But when things go wrong, they’re also the ones who step in, step up, and ask the hardest questions.

At Ellis Family Law, P.L.L.C. in North Carolina, we help grandparents seek custody, visitation, or guardianship in a way that’s legally grounded—and child-centered.

We Work With:

Grandparents seeking visitation with grandchildren during the custody action between the parents/guardians
Grandparents who have served as primary caregivers for months or years
Grandparents concerned about a parent’s fitness or safety issues
Families dealing with addiction, incarceration, or instability
Relatives trying to prevent a child from entering foster care

We know you’re not trying to create conflict. You’re trying to stay connected—or keep a child safe. And we take that seriously.

What Are Grandparent Rights in North Carolina?

Grandparents don’t automatically have legal rights to custody or visitation. But under certain circumstances, the law allows them to petition the court.

There are two primary paths:

1. Visitation During or After a Custody Dispute

If the parents are going through a divorce or custody battle, or if custody is already being litigated, a grandparent can sometimes intervene and request visitation. Courts will consider:

The history of the grandparent-grandchild relationship
The best interests of the child
Whether continued contact benefits the child’s well-being

Note: If the parents are intact and unified, there is no legal claim for grandparent visitation rights

2. Custody or Guardianship

If neither parent is fit—or both are absent and unable to care for the child—you may be able to seek custody or guardianship. Courts may award custody to a grandparent if:

The parent is unfit due to abuse, neglect, or addiction
The parent has voluntarily relinquished the child
The grandparent has served as the child’s primary caregiver
The child would be at risk without intervention

These cases are challenging, but possible—with the right legal preparation and evidence.

We Help Grandparents:

Understand when legal intervention is possible
Evaluate their standing in custody or visitation cases
File petitions to request court-ordered time or full custody
Present documentation of their relationship or role in the child’s life
Address parental fitness concerns with care and credibility
Avoid missteps that could weaken their position

Whether you’re trying to stay involved or step into a caregiving role, we’ll help you take the next right step.

These Are Emotional Cases. We Handle Them With Care.

We understand that grandparent rights cases often come with heartbreak. You may be grieving the loss of a child, watching a grandchild suffer, or trying to stay neutral in a family conflict you didn’t create.

You don’t need judgment. You need a path forward and a legal team that treats your role with respect.

We’ll tell you the truth about what’s possible.

We’ll fight for what’s fair.

And we’ll never forget that behind every case is a child who needs stability.

What If You’ve Already Been Denied Access?

If you’ve been cut off from your grandchild, you may still have options if a custody case is happening.

We can help you:

File a motion to intervene in an existing custody case
Request visitation in connection with a
current dispute
Present evidence of your relationship and the child’s needs
Push back on decisions that unfairly erase your involvement

There are limitations, but there are also opportunities. We help you explore both.

Serving Grandparents Across Durham and the Triangle

We represent grandparents throughout Durham, Chapel Hill, Hillsborough, and surrounding communities. Whether you’re seeking visitation, custody, or answers about what’s possible, we’re here to help you navigate it with compassion and clarity.

We offer both in-person and virtual consultations for your convenience.

You Didn’t Ask for This. But You’re Willing to Show Up Anyway.

We know how heavy this is. You just want to do right by your grandchild.

We’ll help you understand the law, make your case, and take the next step—whatever that looks like.

Hear From Our Clients

Jolie is an exceptional attorney who made it her mission to ensure that I had quick correspondence when it was absolutely needed. Jolie and her team answered any in all...

Jolie is an exceptional attorney who made it her mission to ensure that I had quick correspondence when it was absolutely needed. Jolie and her team answered any in all questions I had and worked with me, taking into consideration the best interest of my family and situation. I cannot say enough good things about how Jolie handled my case, her knowledge, expeditious review of my case, and the amazing work she did. Jolie gave me peace of mind, truly working to understand my case. It is clearly evident how much Jolie cares about her clients.

Shane Davekos

My lawyer Shannon Tucker was absolutely amazing and won me my case.

...

My lawyer Shannon Tucker was absolutely amazing and won me my case.

Joseph Williford

Kathleen has done an AMAZING job. In an otherwise terrible situation, Kathleen has kept things moving forward and has been an amazing attorney! She is excellent at keeping up communication,...

Kathleen has done an AMAZING job. In an otherwise terrible situation, Kathleen has kept things moving forward and has been an amazing attorney! She is excellent at keeping up communication, and is a bulldog in the courtroom. I highly recommend Kathleen, she has made an otherwise bad situation very manageable.

David Kimball

Emma and Sarah were absolutely wonderful to work with during the Separation Agreement process and then through the divorce process. They stayed in contact with me, and advised me as...

Emma and Sarah were absolutely wonderful to work with during the Separation Agreement process and then through the divorce process. They stayed in contact with me, and advised me as to the best actions to take. They also presented all of the options that I could take. I would highly recommend them.

Rebecca McPeak

My fiance and I worked with Jack T. for custody of his two kids over the last year-ish. He’s truly been heaven sent. He’s responsible, detail oriented, genuinely invested, remembers...

My fiance and I worked with Jack T. for custody of his two kids over the last year-ish. He’s truly been heaven sent. He’s responsible, detail oriented, genuinely invested, remembers conversations for months prior & genuinely will stand up for his clients! We worked with him at his old firm and through the transition also, and he didn’t miss a beat. Thankful for him & the outcome. Definitely recommend.

Olivia Conner

Working with Tony Kehoe during my separation was easily one of the best decisions I made during a challenging time. Tony brings a rare combination of legal precision, calm professionalism,...

Working with Tony Kehoe during my separation was easily one of the best decisions I made during a challenging time. Tony brings a rare combination of legal precision, calm professionalism, and genuine empathy to the process. He kept the strategy focused, protected my interests every step of the way, and made sure I felt informed and supported through every detail. If you need a steadfast, highly capable attorney who truly advocates for you, I cannot recommend Tony highly enough!

Skot Smith

Related Practice Areas

We are equally skilled in litigation and in resolving disputes outside of court.

Schedule a Grandparent Rights Consultation Today

Because when a child’s well-being is at stake, waiting isn’t an option.

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