Issues With Grandparent Custody Durham NC

By Christine Roberts


Separation and divorce are often proceedings which are hardest on children living in the home. In addition, while many of these children are close with grandparents, most lose touch during the process. As such, there are now people fighting for custodial and visitation rights with regards to Grandparent Custody Durham NC.

In fact, the rights of grandparents with regard to custody and visitation are emerging issues in family law all over the country, including the state of North Carolina. For, the bond between grandparents and grandchildren is a special one. While this is the case, these relationships are often the first casualties when it comes to divorce.

For, when custody battles are over and visitation plans finalized, grandmothers and grandfathers often lose touch with the grandchildren. While this is no one's fault, the grandchildren can often have a hard time understanding this new reality.

More grandparents have full and part-time custody of grandchildren more than at any other time in history. In most cases, those caring for children on a part-time basis take care of children while a parent is at work. Whereas, there are others whom provide the care and love these children need on a full-time basis. When this is the case, it is often due to both parents being ill, injured, or incarcerated.

When it comes to divorce and separation, most grandparents have no rights when it comes to custodial or non-custodial custody. Some states like North Carolina now have laws related to visitation rights though custody rights are still in limbo. While this is the case, there are now some cases in which grandparents can litigate to have grandchildren live in the home, and if full-time, receive child support in North Carolina.

A number of states are now looking at creating laws related to custodial and non-custodial custody in this area. For, whether to maintain an ongoing relationship, or have the grandparents provide full-time care, either can be of importance to the overall health and well-being of children. As such, many states are looking at the possibility of establishing and passing these laws sooner rather than later.

Grandparents can now litigate for a change of residence of grandchildren, and request legal visitation rights in North Carolina. While this is the case, these individuals must do so at the beginning of a qualified proceeding such as divorce, separation or nullity. Whereas, in cases related to domestic abuse or drug addiction, the court is often in charge of placing children in a safe environment, which in many cases can be with grandparents.

In North Carolina, grandparents can ask for visitation rights with regards to marriage dissolution, separation and nullity proceedings. To obtain visitation rights, the grandparents must submit a petition at the beginning of any of these proceedings. After which, the individuals must also meet with a mediation specialist. Once having reviewed the case, the individuals must go through a mediation process to determine an acceptable visitation schedule for those having custodial and non-custodial custody.




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