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5 Things You Should Know if You Are a Grandparent Seeking Visitation and/or Custody of a Minor Child in North Carolina: 

July 1, 2025
Joy M. Chappell

  1. 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. 

  2. 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.
      
  3. 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. 

  4. It is more difficult for a grandparent to seek custody of a grandchild than it is for a grandparent to seek visitation.  

  5. 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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Stott, Hollowell, Windham & Stancil, PLLC 
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