Do Grandparents Have Child Custody Rights in North Carolina?
North Carolina does not formally recognize grandparent visitation or custody rights. In fact, some feel that the court discourages grandparents from seeking custody from a child’s biological parents. The court does not allow claims involving grandparent rights unless there is evidence that the child’s parents are unfit or have acted contrary to their constitutionally protected parental rights. Some examples of grandparent rights claims may be cases of ongoing custody disputes involving other non-parent family members (including another grandparent), or cases where the current parent/child relationship is not intact. Grandparent Rights to Visitation and Custody in North Carolina In order for grandparents to have a valid claim for custody rights, they must be able to prove to the court that their grandchild’s parents are unfit or have acted contrary to their constitutional rights as parents. That claim may be established if the grandparents can show that the child’s parents are not menta
