
- Grandparents have limited rights to seek visitation or custody of their grandchildren in North Carolina, and timing is critical when a grandparent is seeking visitation after the divorce or separation of the biological parents of the minor children.
- Grandparents can seek visitation of their grandchildren when the children’s parents are divorcing or separating and have an open lawsuit for child custody pending.
- Grandparents can also seek custody of grandchildren who are neglected, abandoned, or in a dangerous environment at home with their parents and have a substantial relationship with the minor children.
- It is more difficult for a grandparent to seek custody of a grandchild than it is for a grandparent to seek visitation.
- If there is not a lawsuit for child custody pending, a grandparent’s only option is to seek child custody. However, different rules apply for a grandparent filing for child custody versus visitation, and it is important to consult with a family law attorney regarding the legal criteria for both causes of action.
Please contact our family law attorney, Joy M. Chappell, for more information regarding grandparents” or Third-party custody rights in North Carolina today.
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Joy M. Chappell
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