Grandparent’s Visitation Rights

Your child is getting divorced, or your child is involved in a custody dispute or your grandchild has been adopted by relatives. All of these situations can make you worried about how this will effect your time with your lovely grandchildren.

North Carolina has enacted special statutes for grandparents to file visitation or custody with the court. These are found in N.C.G.S. § 50-13.2(b1), § 50-13.2A, and § 50-13.5(j).

However, as a grandparent you do not always have the right to file for visitation or custody. If there is an “intact family” a grandparent cannot file for visitation or custody. Examples include, a single parent residing with her children when custody is not an issue or a parent residing with her child and non-parent husband.

Yet, when the parents are involved in a custody dispute the grandparents has a right to intervene. The custody action should be currently pending. It cannot be a custody action that has already been resolved with a court order.

If you have any more questions give us a call at (919)-772-7000.