How do grandparents gain visitation rights in cases of divorce or separation?

Grandparents in North Carolina may gain visitation rights in cases of divorce or separation by filing a petition in the court that issued the divorce. This petition must be filed within 30 days of the divorce being finalized. The court may grant visitation rights to grandparents if it’s found that the visitation is in the best interests of the child. Factors the court will consider include: the emotional ties of the child to the grandparent, the amount of personal contact between the grandparent and the child prior to the divorce, the reasons for the request, and any other facts that are relevant. In addition to filing a petition, grandparents may also be granted visitation rights through a mediated agreement between them, the parents, and any other parties involved. This agreement can be added to and signed as part of the divorce settlement. Finally, grandparents may be granted visitation rights if the court finds that visitation is necessary to protect the safety and welfare of the child. This is especially true when one or both of the parents are not providing the child with proper care and support. Grandparents play an important role in the lives of their grandchildren, and the law in North Carolina recognizes this. Grandparents seeking visitation rights in cases of divorce or separation may do so through a court petition, mediated agreement, or the court’s finding that visitation is necessary to ensure the child’s safety and welfare.

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How do grandparents gain visitation rights in cases of divorce or separation?

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