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.
Shannon Tucker helped me achieve an exceptional result in my case, and her services were well worth the cost. She is highly experienced, competent, knowledgeable, and savvy. Throughout the process,...
Shannon Tucker helped me achieve an exceptional result in my case, and her services were well worth the cost. She is highly experienced, competent, knowledgeable, and savvy. Throughout the process, I felt that my case was in capable hands. If you are looking for an attorney who knows what she is doing and will take good care of you, I highly recommend Shannon Tucker.
Tremendously helpful, responsibly aggressive in an advisory capacity. Fortunate to have been referred to Kathleen.
...Tremendously helpful, responsibly aggressive in an advisory capacity. Fortunate to have been referred to Kathleen.
Kathleen and her team are excellent. She is straightforward, professional, and gives honest advice, even when it isn’t what you want to hear. She focuses on your best interests and...
Kathleen and her team are excellent. She is straightforward, professional, and gives honest advice, even when it isn’t what you want to hear. She focuses on your best interests and helps you work through a difficult process. I appreciate her guidance and the team’s support. Highly recommend.
Dear Shannon Tucker and Ellis Family Law, I truly cannot say enough good things about Shannon and her team. Going through a custody battle involving my son was one of...
Dear Shannon Tucker and Ellis Family Law,
I truly cannot say enough good things about Shannon and her team. Going through a custody battle involving my son was one of the most stressful and emotional situations I’ve ever faced, and having Shannon in my corner gave me an incredible amount of peace of mind.
From the beginning, I trusted her completely. Even with an incredibly short notice with my request for help, Shannon handled every aspect of my case tactfully, professionally, and with genuine care. She was an incredible negotiator, always made sure I understood what was happening and when/why it was happening, and most importantly, made sure I felt comfortable with every decision along the way.
In a situation that naturally comes with so much stress and uncertainty, Shannon took a tremendous amount of that weight off my shoulders. I knew she was fighting for what mattered most to me and that I could trust her judgment every step of the way.
Calling her a lifesaver honestly feels like an understatement. I will always be grateful for what Shannon did for me and my family. If you are looking for an attorney who is professional, compassionate, trustworthy, and someone you genuinely want in your corner, I cannot recommend Shannon and Ellis Family Law highly enough.
Five stars without hesitation, thank you so much!
I had a civil matter that two attorneys from different firms had handled very poorly. I engaged the services of Kathleen Murphy at Ellis and she did an exceptional job!...
I had a civil matter that two attorneys from different firms had handled very poorly. I engaged the services of Kathleen Murphy at Ellis and she did an exceptional job! My only regret is I didn’t meet her years ago
I was able to enjoy the professional and capable hands of a superior attorney. She made an ugly situation bearable. She was able to get things for me in negotiations...
I was able to enjoy the professional and capable hands of a superior attorney. She made an ugly situation bearable. She was able to get things for me in negotiations that I’d only hoped for. I couldn’t be happier with the results of my divorce.
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.
Free Download Resource
