Grandparents’ Rights

In some situations, grandparents may need legal assistance to obtain visitation rights or, due to changes in a family’s circumstances, may need to pursue custody or even adoption of their grandchild or grandchildren.

Grandparents’ Rights in North Carolina

While visitation rights were once limited to a child’s parents, North Carolina law now provides specific avenues for grandparents to seek visitation or custody.

Grandparents may request visitation in connection with an existing custody case when the child’s family unit is no longer “intact,” meaning it has been disrupted by separation, divorce, or similar circumstances. However, North Carolina defines “intact family” broadly, which can make these cases difficult. Grandparents must formally intervene in the custody case, and the court will decide whether granting visitation is in the child’s best interests.

In more serious situations, grandparents, or other third parties with a substantial relationship to the child, may file a separate custody action if the parents are unfit or have acted inconsistently with their protected status as the child’s parents.

North Carolina law also recognizes limited rights for grandparents even after adoption, such as when a grandchild is adopted by a stepparent or another relative.

Adoption by Grandparents in North Carolina

Grandparents may choose to petition for adoption when a grandchild is expected to be in their care long term. Before an adoption can proceed, the parental rights of the child’s parents must be addressed, either through the parents’ consent, a court order terminating their rights, or, in some cases, a judicial finding that consent is not required. An attorney can help you navigate the process, including securing necessary consents or filing a petition to terminate parental rights.

In grandparent adoptions, a pre-placement assessment (formerly called a homestudy) is generally not required. However, a post-placement assessment and report to the court must be completed and submitted to the court. This is typically conducted by the county Department of Social Services or a licensed private adoption agency and includes a recommendation on whether the adoption should be finalized.

For more information on grandparent rights and adoption by grandparents, contact WFLG for a consultation. Our Raleigh North Carolina attorneys can answer your questions and evaluate your case.