Can a grandparent get custody if the parent of the grandchild has died?

In North Carolina, the Grandparents Rights Law generally pertains to the rights of a grandparent or grandparents to seek custody of a grandchild in certain circumstances. With regard to the question of a grandparent seeking custody if the parent of the grandchild has died, North Carolina law does allow this in certain circumstances. Generally speaking, if the grandparent can show the court that it is in the best interests of the grandchild, then the court may award custody of the grandchild to the grandparent. However, a grandparent’s ability to seek custody is not absolute and the court will consider many different factors when making its decision. One of the main factors considered is the preference of the surviving parent if one is still alive. Additionally, the court will look at the living arrangements that the grandchild was in prior to the death of the parent, the relationship between the grandparent and the grandchild, and any special needs that the grandchild may have. If the grandparent is able to show the court that it is in the best interests of the grandchild to be in their care, then the court may award them custody. Ultimately, the decision will depend on the circumstances of the case and the court’s discretion. It is therefore important for grandparents in this situation to seek the advice of a knowledgeable attorney to help guide them through the legal process.

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Can a grandparent get custody if the parent of the grandchild has died?

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