There are limited circumstances in which grandparents have custody rights in North Carolina. To exercise those rights, unfortunately, grandparents must utilize the courts to sue the parents for either custody or visitation of their grandchildren. This is a two-part process.

Standing

They will need to first show they have “standing.” The first part is typically easy to prove: the grandparents have a substantial and ongoing relationship with their grandchildren. If you are requesting custody, you will have to show another piece which is more difficult, that the parents have acted inconsistently with their constitutionally protected right to be a parent or that they are unfit. If it is determined at your hearing that you have standing to ask for custody or visitation, a hearing to determine what is in the children’s best interests will be scheduled. If you do not have standing, then you may not ask for custody and the process stops.

OFFICE HOURS

Monday – Friday 8:00am – 5:30pm
Saturday Closed
Sunday Closed