Do Grandparents Have Visitation Rights in North Carolina?

Understanding Grandparents’ Legal Rights

Grandparents play an important role in a child’s life, offering love, stability, and support. However, when family disputes arise, particularly in custody battles or after the parents' divorce or separation, grandparents may wonder about their legal rights.

In North Carolina, the law prioritizes parental rights, making it difficult—but not impossible—for grandparents to obtain custody or visitation. If you are a grandparent concerned about maintaining a relationship with your grandchild, understanding your legal options is essential.

Do Grandparents Have Custody Rights in North Carolina?

North Carolina law presumes that parents have the fundamental right to make decisions regarding their child’s upbringing, including who has access to them. However, in certain circumstances, grandparents may seek custody if they can prove that the child’s well-being is at risk.

When Can a Grandparent Seek Custody?

A court may consider awarding custody to a grandparent if:

The child’s parents are unfit (due to neglect, abuse, substance abuse, etc.). The parents have abandoned or failed to care for the child adequately. The parents have passed away, leaving the child without a suitable caregiver. The court finds that extraordinary circumstances exist that warrant grandparent custody.

In these situations, the court’s primary concern is the best interests of the child and whether a grandparent can provide a more stable and supportive environment than the parents.

Can Grandparents Seek Visitation Rights?

While some states allow grandparents to petition for visitation broadly, North Carolina law is more restrictive. Grandparents may only request court-ordered visitation under specific legal circumstances:

During an ongoing custody dispute between the child’s parents – If a custody case is active between the parents, a grandparent may intervene and request visitation.

If the grandchild has been adopted by a stepparent or another relative – A grandparent may have legal standing to request visitation if the child is adopted within the family.

If the parents are deemed unfit or have lost custody – Courts may grant visitation if there is evidence that maintaining the grandparent–grandchild relationship serves the child’s best interests.

Important Note: If a child has been adopted by non-relatives, the biological grandparents' rights to visitation are typically terminated under North Carolina law.

Factors Courts Consider in Grandparent Custody and Visitation Cases

If a grandparent seeks custody or visitation, the court will evaluate:

The existing relationship – Does the grandparent have a strong and ongoing bond with the child? The child’s best interests – Will visitation or custody benefit the child emotionally, physically, and mentally? Parental objections – The court gives significant weight to the parents’ wishes unless the parent is unfit. Impact on family stability – Will the grandparent’s involvement support or disrupt the child’s home life?

Ultimately, the court will not override a parent’s decision unless there is compelling evidence that the child’s well-being is at risk.

Steps for Grandparents Seeking Custody or Visitation

If you are a grandparent considering legal action, follow these steps:

Consult a Family Law Attorney – These cases are legally complex, and professional guidance is crucial. Document Your Relationship – Gather evidence showing your strong bond with your grandchild (photos, messages, visits, etc.). Demonstrate the Child’s Best Interests – Provide evidence that continued contact benefits the child. Attempt Mediation First – Courts prefer resolving family disputes outside of litigation when possible. Prepare for a Legal Battle – If court action is necessary, be ready for an extensive legal process to prove your case.

Final Thoughts

North Carolina law gives parents significant authority over their children’s lives, making it difficult for grandparents to obtain custody or visitation. However, in cases where a child’s well-being is at stake, courts may intervene to protect the child’s best interests.

If you are a grandparent seeking custody or visitation rights, legal guidance is essential to navigate this challenging process. Consulting with an experienced North Carolina family law attorney can help you determine the best course of action.

Need Legal Advice?

At King & Rowe, Attorneys at Law, we understand the emotional and legal complexities of grandparent custody cases. If you need assistance, contact our office today for a consultation.

Call us at (828-466-3858)