Dedicated Legal Representation for Your North Carolina Grandparent Visitation Case
Navigating Grandparent Visitation Rights in North Carolina
Grandparents are a special part of every grandchild’s life but often play an even larger role in some children’s lives including acting as parents. While this role is often welcomed by parents, sometimes divorce or other major life events may disrupt that special role held by a grandparent in their grandchild’s life. Fortunately, North Carolina recognizes grandparents’ rights so that grandparents may maintain a relationship with a grandchild and even parent the child in certain situations.
Given that a minor child’s biological parents, as well as adoptive parents, have a constitutional right to parent their child, grandparent custody rights involve a complex and exacting legal analysis. While grandparents do have the right to petition for and even have custody of grandchildren, the process is often difficult, given the constitutional protections in place for a typical parent-child relationship.
At Miller Cushing Holladay, we have a team of Charlotte family law attorneys who have experience assisting grandparents in seeking and obtaining custody of their children. One of our experienced family law attorneys will work with you to determine whether we are able to reach a resolution out of court or pursue your grandparents’ rights in Court.
Understanding a Grandparent’s Legal Standing for Visitation in NC
In North Carolina, any party may seek custody of a minor child, but they must first show that they have standing to seek custody. In the context of child custody, a party generally has standing if they have a meaningful and substantial relationship with the child, such as a grandparent-grandchild relationship. While most grandparents should meet this standing requirement, there are still other legal hurdles to clear as part of seeking visitation rights with or custody of a child.
In addition to proving standing, a grandparent must first also prove that the child’s biological parents or adoptive parents have acted inconsistent with their constitutionally-protected status as a parent to their child. Examples of a parent acting inconsistently with their protected status include situations of serious alcohol or substance abuse impacting a child, as well as neglect, abuse, or abandonment of the child. A Court might also determine that a parent has acted inconsistently with their rights if they previously ceded the role of parenting their child to another party, such as a grandparent. This is especially common when a parent lets their parents, the child’s grandparents, raise the child in their absence.
Given that the United States Constitution dictates a strong preference for the parent-child relationship above third parties, grandparents seeking custody must prove that a parent has acted inconsistent with their rights by a greater legal standard. Whereas typical child custody cases operate on a preponderance of the evidence standard, which requires a party to prove their case ever so slightly more than the other party, grandparents must meet the higher legal standard known as clear, cogent, and convincing evidence. If a grandparent is not able to surpass this standard when it comes to proving a parent is unfit, then they may not be awarded custody or visitation.
If a grandparent is able to show that both parents have acted inconsistent with their constitutional rights, then a Court will then determine what is in the best interests of the child to determine custody or visitation of the child as would be the case in a typical child custody case. At this point, the case is like any other child custody case except that the Court is determining custody between parents and grandparents instead of just custody between parents. Depending on the circumstances, grandparents may be awarded more limited visitation rights, but could even be awarded sole physical custody and legal custody.
Key Factors North Carolina Courts Consider for Granting Visitation
When Courts are considering whether or not to award custody rights or visitation rights to grandparents, they will consider multiple key factors, including the following:
- Relationship between Grandparent and Grandchild. One of the most important considerations for Judges is the nature and history of the grandparent-grandchild relationship. Courts will look to how close a grandparent is with their grandchild, which will also necessarily look at how often they see one another. This also includes looking at whether or not the grandparent and grandchild have lived with one another or are even currently living with one another.
- Wishes of the Parents. In some instances it may be that one or both of the parents of a child is open to a grandparent having custody or visitation rights. If this is the case, Judges will take these wishes into consideration when determining custody.
- Evidence of Potential Harm to Child. An unfortunate, but common, reality of many grandparent custody cases is grandparents seeking custody to protect a grandchild from abuse or neglect from their parents. In these situations, evidence of a parent’s or both parents’ improper care of the child weighs large on the Judge’s ultimate decision, given that their guiding principle is to protect the best interests of a child.
Another important factor to consider in every grandparent custody case is that the Court must find that not just one, but both parents have acted inconsistently with their constitutional preference. This means that even if one parent agrees to grandparents having custody of a child, the grandparents will still have to prove that the other parent has acted inconsistently with their constitutional status or is otherwise unfit as a parent.
Our Comprehensive Approach to Grandparent Visitation Cases
At Miller Cushing Holladay, our Charlotte family law attorneys regularly assist clients with complex family dynamics, including grandparent visitation matters. We understand that grandparents can play a vital role in a child’s life, and our team is committed to helping you assert and protect your rights under North Carolina law. From the very first meeting, we’ll work closely with you to understand your relationship with your grandchildren and your goals for visitation. Based on those goals, we will develop a strategic plan to pursue appropriate legal remedies that support your continued involvement in your grandchildren’s lives.
If a resolution can be reached without the need for legal action, we will work with you to pursue that option through negotiation or mediation. This often includes collaborating with the child’s parents or their attorneys to craft a visitation schedule that respects everyone’s rights and promotes a child’s best interests. However, if litigation becomes necessary, you can count on us for strong, informed advocacy in court. We do not hesitate to stand up for our clients when the emotional bonds between grandparents and grandchildren are at stake.
Why Choose Miller Cushing Holladay for Your Grandparent Visitation Case?
Grandparent visitation cases are among the most emotionally charged and legally nuanced areas of family law. At Miller Cushing Holladay, our Charlotte grandparent visitation attorneys bring more than 80 years of combined experience exclusively in divorce and family law matters. That focused experience gives us the insight and sensitivity needed to navigate the legal and interpersonal challenges that often accompany these types of cases.
The law surrounding grandparent rights in North Carolina is often evolving and depends on very specific factual circumstances, such as whether the parents are involved in a custody dispute or whether the grandparents have an established relationship with the child. These complexities require careful legal analysis and experienced representation. Our attorneys are well-versed in the relevant statutes and case law, which is crucial to legal representation in any grandparent visitation case.
What sets us apart is our commitment to collaboration and communication throughout your case. From the initial consultation to the resolution of your matter—whether through a child custody order or private agreement—we keep your goals at the center of the strategy. We will take the time to review important considerations with you so that you understand your rights and options clearly. We also believe in providing practical guidance, including a cost-benefit analysis of each option available to you, so that you can make informed decisions with confidence.
At Miller Cushing Holladay, we know how important your grandchildren are to you. We are here to help you protect and preserve that relationship for years to come.
Frequently Asked Questions
Under what specific circumstances can grandparents sue for visitation in North Carolina?
Grandparents may generally seek custody of a child if they can show that both parents have acted inconsistently with their constitutional rights and thus are unfit to be parents of a child. A grandparent could seek full custody rights upon such a showing at any point, although more limited visitation rights may only be sought in scenarios where there is not otherwise an intact family.
Does having a strong bond with my grandchild automatically guarantee me grandparent visitation rights?
Having a strong bond with your grandchild will have a large impact on the outcome of any custody determination, but it will not automatically guarantee visitation rights. Given that parents have a constitutional right to parent their children above all others according to the United States Supreme Court, you will first need to show that a child’s parents have acted inconsistently with those rights in order to seek and obtain visitation rights for your grandchild.
What is the difference between seeking grandparent visitation versus seeking grandparent custody?
Grandparent visitation often refers to a situation where a grandparent is seeking some time with a child but not full custodial rights to parent a child. For example, a grandparent might seek time on the weekends or over the holidays. Grandparent custody generally refers to a grandparent having fuller or sole physical and legal custody, whereby they raise a child. Ultimately, though, both terms are used interchangeably depending on the circumstances.
Do I have to prove that the parents are unfit to obtain visitation rights in North Carolina?
Yes, you must prove that a parent has acted inconsistently with their rights such that they are unfit as a parent. This could include showing abuse, neglect, or abandonment of a child, previously ceding parental rights to another person in the past or present, or serious substance abuse endangering a child.
Can a parent legally prevent me from seeing my grandchild if there’s no Court Order?
Yes, a parent could technically prevent you from seeing your grandchild without a Court Order establishing your visitation and custody rights. Due to this, it is important to establish your legal rights in an Order either by consent or by pursuing your rights through the court system.
Can a grandparent visitation Order be modified or enforced if it’s not being followed?
Yes, a grandparent custody or visitation Order may be both enforced and modified in North Carolina. An Order may be enforced through a Motion for Contempt, whereby the Court can hold a party in contempt and even jail them for violating a Court Order. A Custody Order may also be modified by consent or by filing a Motion to Modify Custody and thereafter providing such is warranted after showing a substantial change in circumstances.
