About Grandparent Rights in North Carolina

In North Carolina, grandparents love their grandchildren deeply, but the law doesn’t automatically give them rights to visitation or custody. Often, custody and visitation decisions will be made based on what is in the child's best interest. Here’s what you need to know:

Q: Can grandparents get visitation rights?

A:  Yes, but only in certain situations:

1. If the child’s parents are separated, divorcing, or in a custody battle, grandparents can ask the court to be included.
2. If the family is intact and stable, grandparents cannot request visitation through the courts.
3. The court will look at whether the grandparent has a strong relationship with the child and whether visits are in the child’s best interest.

Q: Can grandparents get custody?

A: Possibly, but only if:

1. Both parents are deceased
2. The parents are unfit or have abandoned the child
3. The child’s safety or well-being is at risk

In these cases, grandparents must show that living with them is better for the child than staying with the parents.

Q: What’s the legal process?

A:  The legal process is as follows:

1. Grandparents can’t start a custody or visitation case on their own.
2. They must join an existing custody case involving the child.
3. Judges have the final say and always focus on what’s best for the child, not just what the grandparents want.

Important Limitations

1. There are no automatic rights for grandparents.
2. Courts only get involved when there’s a disruption in the family, like divorce or separation.
3. Every case is different, and outcomes depend on the specific facts and the child’s needs.

Key North Carolina Statutes for Grandparent Rights

1. N.C. Gen. Stat. § 50-13.1
2. Allows grandparents to seek custody or visitation.
3. Only applies if the parents are deemed unfit or have acted inconsistently with their constitutionally protected parental rights.
4. This is a high legal bar—courts require strong evidence such as abuse, neglect, or abandonment.
5. N.C. Gen. Stat. § 50-13.2(b1)
6. Applies when there is an ongoing custody dispute between the child’s parents.
7. Grandparents can file a Motion to Intervene in the custody case to request visitation.
8. The court must find a substantial relationship between the grandparent and child, and that visitation is in the child’s best interest.
9. N.C. Gen. Stat. § 50-13.2A
10. Covers situations where a parent has died.
11. Surviving grandparents may petition for visitation if their child (the deceased parent) had a substantial relationship with the grandchild.
12. N.C. Gen. Stat. § 7B-903(a)
13. Applies in juvenile cases involving abuse, neglect, or dependency.
14. Grandparents may be considered for custody if the child is removed from the parents’ care.

Important Notes

1. Grandparents cannot initiate a custody or visitation case unless there is already a legal action involving the child.
2. Courts prioritize the child’s best interests and parental rights over grandparent preferences.
3. These statutes provide standing, not guaranteed rights — each case depends on its facts.

If you’re a grandparent considering legal action, it’s wise to consult a family law attorney familiar with North Carolina custody laws. They can help you determine if your situation qualifies under one of these statutes.

All of our attorneys at The Law Corner in Raleigh, NC can help you with grandparents’ rights. We can be reached at  (919) 424-8319.