North Carolina USLegal Guide to Grandparent Visitation

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Multi-State
Control #:
US-GDE-04
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Word; 
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Description

Almost all states currently have some type of "grandparent visitation" statute through which grandparents and sometimes others, such as foster parents and stepparents, can ask a court to grant them the legal right to maintain their relationships with children. This guide provides on overview of state laws on grandparents' visitation law. A summary of laws in individual states is included.

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  • Preview USLegal Guide to Grandparent Visitation
  • Preview USLegal Guide to Grandparent Visitation
  • Preview USLegal Guide to Grandparent Visitation
  • Preview USLegal Guide to Grandparent Visitation
  • Preview USLegal Guide to Grandparent Visitation
  • Preview USLegal Guide to Grandparent Visitation
  • Preview USLegal Guide to Grandparent Visitation
  • Preview USLegal Guide to Grandparent Visitation

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FAQ

Any parent can file for custody, whether the parents are separated, divorced or never married. Third parties, such as grandparents, relatives, or others who have cared for the child, can file for custody or visitation under some circumstances.

There is no specific age ? such as 12 or 14 ? when children get to decide who they will live with. Each child is unique, and their views are one factor that a judge will consider when deciding what parenting arrangement is in their best interests.

If two parents cannot agree, the non-custodial parent may file a visitation complaint with the court to request increased visitation time. In some North Carolina districts, the court requires mandatory mediation for parents before the court decides on visitation issues.

Pursuant to section 21 of the CLRA, a ?parent of a child or any other person, including a grandparent, may apply to a court for an order respecting custody of or access to the child.? The merits of such an application are ultimately determined based on the best interests of the child.

All states have currently enacted some form of "grandparent visitation" statute, giving grandparents the right obtain a court order to see and interact with their grandchildren. Visitation orders specify the date, time, and circumstances under which visitation must occur.

North Carolina has consistently upheld the wishes of an intact family over the wants of grandparents regarding visitation rights. In other words, the grandparents can be denied visitation rights if the child's competent parents choose to do so.

When can grandparents make decisions? ing to Dr. Tanner, when parents say they can, when parents are not present, when a child's behavior directly affects them, when a child's safety is at stake or when a child breaks their house rules.

Should you find yourself cut off from seeing your grandchildren, the best course of action is to get in touch with a professional mediator. These are independent organizations that help organise arrangements between family members when a resolution cannot be found.

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North Carolina USLegal Guide to Grandparent Visitation