What is the standard for grandparents to be awarded guardianship of a grandchild?

In North Carolina, grandparents can be awarded guardianship of a grandchild in certain circumstances. This is called a Grandparents Rights Law. The standard for grandparents to gain guardianship of a grandchild is that the child must be in danger or at risk due to the parents not being able to provide proper care. This can be because the parents are unable or unwilling to provide care, or if they are in an unstable environment. If a grandparent can demonstrate that the child is at risk, they can file for temporary guardianship. The court will then hear evidence from both sides to make a decision on the case. This can include testimony from the parents, grandparents, and any other parties who are able to provide evidence on the situation. The court will consider the best interests of the child when making its decision, to determine if the child is best served by having a grandparent as a guardian or if the parents should remain the guardians. Ultimately, the court will make a decision and the guardianship will be either granted or denied. If granted, the grandparent or grandparents are then legally the guardian or guardians of the child and have the same rights and responsibilities as a parent until the guardianship is terminated.

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