Child custody and visitation is often a contentious issue during certain family law proceedings, such as divorce. Of course, in North and South Carolina, some presume the mother will be granted custody of the children and the father will be granted visitation rights. Indeed, there may not be technical “Grandparents Rights” to child custody or visitation.
Those traditional assumptions regarding child custody and visitation by parents (or grandparents) often are not accurate.
The courts are concerned with the best interests of the children and their wellbeing, not necessarily those of the parents. In North Carolina that’s considered the polar star by which courts are guided.
As such, whatever custody arrangement best benefits the children, their welfare, and well-being is of key importance. If visitation with grandchildren is in the grandchildren’s best interests, a Court may Order than as part of its Family Court ruling.
The issue of child custody and visitation rights can also extend to other members of the immediate family. That may necessitate filing a Motion to Intervene by grandparents.
Grandparents may wish to have visitation rights to their grandchildren but may be prevented from doing so by biological parents or stepparents, thereby requiring a Court Order for visitation.
In North and South Carolina, state statutory law provides explicit guidance as to when grandparents should be granted grandchild visitation or even custody of the grandchild.
Both states defer to the outcome that would be in the “best interests of the child.”