Grandparent Rights/Visitation & Custody

Our Attorneys in Monroe NC Defends Grandparent Rights

I have many calls by grandparents who want to know their rights. These calls usually come in one of two varieties:

  1. The grandparent(s) are edged out by the parents, and are not allowed to see or visit the grandchild; or
  2. The parents are unable to take care of the child due to drugs, alcohol, general worthlessness or some combination of the three.

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.

Grandparent Visitation

Grandfather and grandchild walking in nature path

This means that if parents determine that a grandparent cannot visit with a grandchild, parents are given the right to make that decision. This breaks the hearts of all grandparents that I 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, a consult with me may get you the access to your grandchildren that you are looking for.

Grandparent Custodial Rights

In the second scenario set out above, 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.

Contact Our Family Law Attorney Charlotte NC

It is a difficult legal standard to meet, but with the assistance of the experienced attorneys in Monroe NC at The Khan Law Offices, you can find out if your particular facts enable you to file for custody of your grandchildren on an emergency basis, or as a regular child custody action.

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