This is a very common question and the law regarding child custody in North Carolina gives grandparents two avenues for custody or visitation with their grandchildren.
If the parents of the minor children are in the middle of litigation (they have a court case opened), grandparents can seek to insert themselves into the lawsuit to achieve visitation rights to the minor children. The court will consider a wide variety of factors in deciding whether to grant visitation rights to grandparents.
If grandparents are seeking something more, such as actual custody of the minor children, the burden is much higher. The grandparents must prove to the court that both parents are unfit, have neglected the welfare of their children, or have waived their constitutionally protected status as a parent. This standard is not strictly tied to grandparents, as any person other than a parent seeking custody of a minor child.
When it comes to grandparent’s rights, every situation is different, and it is important to have an experienced family law attorney to guide you through this process. At Miller Law Group we have the experience needed and can outline your options in remaining in your grandchildren’s lives, even if their parents are parting ways.
Contact us today to speak with an experienced attorney to discuss what we can do to help.
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