Everyone is always so kind from Casie and Christina at intake, to the paralegals and attorneys. They promptly answer all questions.
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 parents must unfit, waive their rights or be acting inconsistent with 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, Cary, Pittsboro and Wake Forest.
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 give custody rights to third parties without good cause. We cannot tell you how your custody case is likely to unfold without a thorough accounting of the factors at play.
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.
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,and the parents are involved in active custody litigation, grandparents can file a motion to intervene to request visitation rights. You will have to demonstrate that visitation is in the child’s best interests.
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:
If the parents are involved in a custody matter and the grandparents intervene seeking visitation, they have to provide evidence that a substantial relationship exists with their grandchild to the court and that their request for visitation is within the best interests of the child.
Everyone is always so kind from Casie and Christina at intake, to the paralegals and attorneys. They promptly answer all questions.
...Everyone is always so kind from Casie and Christina at intake, to the paralegals and attorneys. They promptly answer all questions.
Great experience, Christina is very resourceful and knows what she is doing. Helping me through various obstacles.
...Great experience, Christina is very resourceful and knows what she is doing. Helping me through various obstacles.
Christina is highly knowledgeable and offers excellent service.
...Christina is highly knowledgeable and offers excellent service.
Have been connected to Ellis Family Law for many years and cannot recommend a more knowledgeable, caring, hard working group of attorneys. I do not hesitate to refer to them...
Have been connected to Ellis Family Law for many years and cannot recommend a more knowledgeable, caring, hard working group of attorneys. I do not hesitate to refer to them no matter how big or small the issue. They are truly a one of a kind law firm and am so thankful I can count on their guidance.
Gray is top tier in family law — knowledgeable, strategic, and relentless when it comes to protecting his clients. If you want someone who knows the system and knows how...
Gray is top tier in family law — knowledgeable, strategic, and relentless when it comes to protecting his clients. If you want someone who knows the system and knows how to navigate it successfully, call Ellis Family Law. Amazing Attorneys!
I can’t say enough good things about Ellis Family Law. Going through a family law matter is never easy, but their team made the entire process feel manageable and supported...
I can’t say enough good things about Ellis Family Law. Going through a family law matter is never easy, but their team made the entire process feel manageable and supported from start to finish. They are professional, knowledgeable, and incredibly responsive. I worked with Christina & she was absolutely impeccable and I knew after the first phone call I was in the right place to handle my business. Thank you Ellis Family Law.
We are equally skilled in litigation and in resolving disputes outside of court.
Mediation, arbitration, and collaborative approaches that resolve disputes with less stress and more cooperation.
Thoughtful advocacy for parenting arrangements that protect your children and preserve what matters most.
To arrange a consultation with an experienced child custody lawyer, contact our law offices or schedule a consultation.
And for a fun twist: don’t miss our “Pour Decisions” section, featuring wine tips from our lawyer-wine specialist Gray Ellis!
