Wake Family Law

Raleigh Divorce Lawyers - Raleigh Family Lawyers

Schilawski O’Shaughnessy Grace King & Mauney, PLLC

Raleigh, North Carolina
(919) 787-4040

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You are here: Home / Children / Grandparents’ Rights

Grandparents’ Rights

grandparents rights in North Carolina

 

In some cases, grandparents may need to seek legal assistance to secure their right to visitation or changes in a family’s circumstances may necessitate seeking custody or adoption of the grandchild/grandchildren by the grandparents.

 

Grandparents’ Rights in North Carolina

Previously, the right to visitation only applied to a child’s parents. Today, however, there are laws in place that govern the visitation and custody rights of grandparents in NC.

In North Carolina, grandparents can request visitation with a grandchild in connection with an existing custody suit when the family unit of the grandchild is no longer “intact” and has been disrupted in some way. North Carolina has a broad definition of an “intact family,” making grandparent visitation suits challenging. Grandparents may request to “intervene” in the parents’ custody lawsuit and request visitation with the grandchild. The court will then determine whether it is in the child’s best interests to include grandparent visitation in a custody order.

Additionally, grandparents (like any third party where a substantial relationship exists with a child) may bring an independent lawsuit to request custody of a grandchild when the parents of the child are unfit or have otherwise acted contrary to their protected status as the child’s parents.

North Carolina law also provides rights to grandparents whose grandchild has been adopted by a relative or adopted by a stepparent.

 

Adoption by Grandparents in North Carolina

Grandparents may have the option to file a petition to adopt their grandchild and often do so when the grandchild is anticipated to be in their care long term. The parental rights of the child’s parents must be resolved either by the parent(s) consenting to the adoption, the court terminating the parent(s)’ parental rights, or, in some circumstances, the court determining a parent’s consent to the adoption is not necessary.  You should consult an attorney to assist you in obtaining the necessary consents or filing a petition for the termination of parental rights.

In an adoption by a grandparent, there is generally no requirement for a pre-placement assessment (previously called a homestudy), but there must be a post-placement assessment and report to the court, typically done by the county Division of Social Services or a private adoption agency, to recommend that the adoption 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.

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Raleigh Divorce Lawyer

Wake Family Law Group

Schilawski O’Shaughnessy Grace King & Mauney, PLLC

4350 Lassiter at North Hills Ave, Suite 360
Raleigh, North Carolina 27609

(919) 787-4040
(919) 787-4811

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Daisy Mae Mauney is visiting the office today and checking out our new WFLG water bowl. Daisy Mae’s human is WFLG partner, Justin Mauney. You can read more about Justin at:https://wakefamilylawgroup.com/family-law-divorce-attorneys/justin-l-mauney/#puppies#northhillsdivorce#wflg#FAMILYLAWSPECIALISTS ... See MoreSee Less

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Our office is closed today in observance of Memorial Day.Courthouses and court offices will be closed on Monday, May 30 in observance of Memorial Day. ... See MoreSee Less

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Timeline photosOur hearts are broken over the tragedy in Texas. To the parents, families, caregivers, and teachers, worried and wondering today as you send children to school or welcome them into classrooms and into your care: we see the heaviness you carry and the strength it takes to move forward on a day like today. You may be wondering how to talk to children in the wake of this tragedy, so we want to reshare a resource for talking with children about difficult news. In addition to the resource that you can download (Resource = http://ow.ly/UzNj50Jhf5r), here are some thoughts for navigating these conversations:- Limit children’s news intake as much as you can, and protect yourself as you take in news.- Before you share information, ask children what they have heard and what questions they have.- Give children honest answers to their questions, but know it is appropriate to only share basic information and not offer detail beyond what they ask. With incredibly heavy news, young children especially may have very specific and personal questions that you can answer to help them feel safe.- Sharing your own feelings can help children understand that their feelings are okay, and that they are not alone in the hard feelings. - Remind children often that you and the other loving adults in their life are there to keep them safe, and always there when they are feeling sad or afraid. ... See MoreSee Less

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