At The Khan Law Offices, PLLC, we receive many calls from grandparents who want to know their rights. These calls usually come in one of two varieties:

• The grandparents are edged out by the parents and are not allowed to see or visit the grandchild.
• The parents are unable to take care of the child due to substance abuse, untreated mental illness, neglect, abandonment or other issues.

These calls are difficult because parental rights are jealously guarded as one of the most highly protected constitutional rights. Furthermore, the courts of North Carolina have determined that parents have the absolute right and authority to control who their children socialize with and associate with, including grandparents. Our attorneys in Monroe understand the many nuances of family law as it applies to these sensitive situations. We can provide guidance on your options.

Parents have the right to deny grandparents the ability to see the grandkids. This breaks the hearts of all grandparents that we have consulted with on this issue.

North Carolina, however, has seen fit to create four statutory schemes to allow for grandparent visitation in limited situations. It may be worth it to find out what this means for you if you find yourself with limited to no contact with your grandchildren. If you find yourself edged out of having contact with your grandchildren, talk to our lawyers about your options for pursuing grandparent visitation.

In the second scenario set out above, where the children’s parents are unable or unwilling to care for them, you may have stepped in to fill that role. You may already have the grandchild in your home or may have had the grandchild in your home for a substantial period of time. All of a sudden, the parent wants the child back.

If you are a grandparent looking for custody, the courts have set out standards for grandparents to obtain custody of their children when parents are unable or unwilling to do it on their own. Talk to our attorneys in Monroe for further guidance. We also handle emergency custody situations where grandparents need to step in for the safety of the children.

Getting custody or visitation as a grandparent requires meeting a difficult legal standard. Contact our lawyers at 704-831-7115 to discuss whether the particular facts in your situation warrant filing for custody of your grandchildren on an emergency basis or as a regular child custody action.