What are Grandparent's Rights in North Carolina
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Grandparents play an increasing role in the lives of families in North Carolina. They are granted specific rights for visitation in certain circumstances, or in some cases are granted child custody of their grandchildren. Triangle Divorce Lawyers is dedicated to protecting the rights of grandparents in family matters when it is appropriate for the safety and well-being of the child.
Timing is critical in making a claim for Grandparents Visitation Rights in North Carolina. You should act as soon as possible once an action is filed by one of the parents in North Carolina. A grandparent who has a substantial relationship with the child, meaning which is defined as that the grandparent has played a meaningful part of the child's life, can may have standing to obtain regular visitation including summer vacations and holiday time.
Does your grandchild live with you or should live with you due to their parents’ unsafe lifestyles? If one or both of the parents are unfit or their actions or behavior are inconsistent with their constitutionally protected status as a parent you should consider obtaining legal custody in order to have the legal authority to make medical and educational decisions for the child. We have experience helping grandparents determine the best course of action and we speak with the parents about the best interests of the child in order to promote a stable and safe home for the child either temporarily or permanently.
Contact Triangle Divorce Lawyers to ensure protect your grandparent visitation rights or to protect and provide a safe stable home for your grandchild. The welfare of the child is the most important factor and we will help you work with you to secure the best possible outcome.
In some cases, the child’s safety is threatened and the grandparent must consider immediate emergency custody. The Court requires a grandparent to prove that the child is exposed to a substantial risk of bodily injury or sexual abuse. Examples of this are exposure to people convicted of child abuse or sexual assault or signs of physical abuse such as bruises on the child. There are specific procedures to follow in order to obtain an emergency custody order. If granted, you would have emergency temporary custody of the child until the parties and the grandparent(s) return to Court in about seven to ten days. At that hearing, the judge will hear evidence from all parties and the judge may choose to enter a temporary custody order or dismiss the action. If it is not granted a motion remains pending for you to proceed in Court.
If you have acted as the child's parent on a psychological level you have significant standing. The child views you as their parental figure. This gives legal standing to argue in court. The following factors will be considered:
- The impact on the child
- The rights of the parent or parents
- The rights of third parties