When Can Grandparents Get Visitation Rights?

 Before I go into details, it is important to know the difference between custody and visitation rights. Custody is whom the child will live with and who can make legal decisions on behalf of that child. Visitation is time spent with that child. So you can be awarded visitation every Saturday from 1-5pm but that does not mean that you have custody of that child. However, in order to gain any visitation rights you must file a custody suit for the children.

Grandparents can get visitation rights in North Carolina but only in a narrow set of circumstances. First, the grandparents must show that they have standing, or the right to sue, for visitation. To do this, they must prove that the family is not “intact”. This means there must already be a custody order in place, or an ongoing custody dispute over the children.   So a single mother that has always had the children and the dad has never been involved in the children’s life would still be an intact family. Also, if there are two parents that are separated but no one has filed for custody or there isn’t any type of open custody dispute then grandparents won’t be able to sue for visitation.

So, let’s say that there is an open custody suit and you would like to file for visitation. What must you prove? As grandparents, you must prove that it is in the best interest of the child that you have visitation with that child. This may seem like an easy thing to prove…of course it’s in the best interest of the child to see their grandparents! However, North Carolina courts give a high priority to parental rights and a parent’s decision to raise their children as they see fit, including the amount of time they do or do not spend with their grandparents. Previous court cases have shown that when grandparents are granted visitation rights, it is normally because they have already had a substantial relationship with the child or children in question. The harm it would cause the child to terminate this substantial relationship would outweigh the parents right to raise their child as they see fit. It’s a hard case to win but it can be done.

If you are a grandparent wondering about what visitation rights you may have with your grandchildren please call our office at 980-225-1832 to set up a low-cost consultation. We also have a blog post about how grandparents can get custody of their grandchildren, which you may find helpful.