In North Carolina, the law acknowledges the significance of the bond between grandparents and grandchildren, but it’s not as comprehensive as in other places. Unlike some states, North Carolina doesn’t have laws that automatically give grandparents visitation rights. Instead, visitation decisions are made by the courts, focusing on what’s best for the child. Grandparents need to provide strong evidence to show that visitation is essential for the child’s welfare.
When grandparents find themselves in the painful situation of being denied access to their grandchild due to custody disputes between the parents, they can pursue visitation rights through legal channels by initiating a Motion to Intervene. This legal step enables grandparents to present evidence of their close and meaningful relationship with their grandchild and their involvement in the ongoing custody proceedings. It’s crucial to act promptly as the motion must be filed in a timely manner. Once the court has issued a custody decision or if the matter has been resolved through other means, the opportunity to intervene in the lawsuit diminishes.
Following the filing of a motion to intervene and a hearing involving all concerned parties, the court will determine whether grandparents can participate as a third party in the lawsuit with the aim of securing visitation rights. Grandparents are advised to retain their own legal representation to advocate for their visitation rights and to avoid any appearance of conflict with either parent.
It’s essential to recognize that the criteria for grandparents to obtain visitation rights is stringent. In North Carolina, grandparents must demonstrate that the denial of visitation would significantly harm the child’s overall well-being, placing a substantial burden of proof on them to show that visitation is necessary and in the child’s best interest. The child’s best interest is always the priority.
In cases where no lawsuit has been initiated, or if the family resides together without legal action, grandparents lack the means to intervene. In North Carolina, laws regarding grandparent visitation rights are relatively constrained, with courts typically prioritizing parental rights in decision-making concerning the child’s upbringing, including visitation.