When Can Relatives Get Custody? Understanding Third-Party Standing in North Carolina | The Law Corner | Raleigh, NC

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Precedent Case: Ledford and Ledford (maternal cousins) v. Ledford (maternal grandmother) v. Burrell (father) and Burrell (mother), 910 S.E.2d 284 (N.C. App., December 3, 2024). 


Maternal cousins established standing to seek custody when they alleged a parent-like relationship with the child and alleged facts to support a conclusion that the parents had waived their constitutional right to custody.


Mother appealed the trial court order granting maternal cousins primary physical and legal custody of the child, granting grandparent visitation to maternal grandmother, and denying visitation to both parents except as allowed by the maternal cousins. 


Mother argued that the order was void because she had not been served with a summons in the custody action and because the maternal cousins lacked standing to seek custody. The court of appeals rejected mother’s arguments and affirmed the trial court. Mother waived all objection regarding service of process when she appeared in court and participated in the custody proceedings without raising an objection to service. 



The third-party maternal cousins established standing to seek custody when they alleged that they had acted as parents to the child and alleged that the parents of the child had waived their constitutional right to custody by acting inconsistent with their protected status as parents. The maternal cousins alleged that mother had placed the child at risk of substantial harm by her repeated and continuous use of illicit drugs.

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