Do grandparents have child visitation rights after a divorce in North Carolina?

When parents divorce, it is often the children who suffer the most changes in routine.  One unintended impact of divorce on children is discontinued contact with grandparents.  The distancing of one parent from his or her former in-laws can result in diminished, and in some cases, total lack of contact with their grandchildren, particularly if their own child does not regularly have contact with them.  Therefore, some grandparents must resort to the legal system in order to obtain court-ordered visitation rights. 

The Process of Seeking Grandparent Visitation Rights

In divorce or separation proceedings involving child custody in North Carolina, grandparents must file a petition in order to seek court-ordered visitation.  The grandparents may request visitation even over the objection of both of the children’s parents.  Once the petition is filed, the court will require the grandparents to engage in mediation proceedings with the parents in order to resolve the visitation dispute and work out a visitation schedule that is agreeable to all parties involved.

Factors that Affect Grandparent Visitation Rights

As is the case with any visitation proceeding involving minor children, the prevailing standard is whether visitation would be in the best interest of the children.  More specifically, the court will consider the relationship between the children’s parents and the children, as well as the relationship between the grandparents and children. 

Consult an Attorney for Advice

Since you must file a petition with the court in order to seek grandparents’ visitation rights, you should immediately contact an attorney experienced in domestic relations for assistance.