Can a grandparent be awarded custody if there are concerns about the health and safety of their grandchild?
In North Carolina, a grandparent can be awarded custody if there are concerns about the health and safety of their grandchild. North Carolina has Grandparents Rights Law that allows a court to decide who should have legal custody of a minor child. The court must make a determination if awarding custody to the grandparent is in the best interests of the child. The court will consider evidence of harm or potential harm to the child in determining the best interest of the child. In order to have standing to bring a legal action for custody or visitation, the grandparent must demonstrate that the parent has abused, neglected, or abandoned the minor child, or that the minor child lives with the grandparent for at least six continuous months. In addition, the grandparent must demonstrate that granting custody or visitation is in the best interests of the minor child. If the court finds that granting custody or visitation to the grandparent is in the best interests of the minor child, then the court will grant the grandparent custody or visitation. The court will also consider the wishes of the parents and the child, the relationship between the grandparent and the child, and the ability of the grandparent to provide a safe and stable home environment. The court may also consider any other factors that are deemed relevant in determining what is in the best interests of the minor child.
Related FAQs
Does a grandparent have the right to legal guardianship of a grandchild?Who is responsible for paying for a grandparent’s court costs?
What are the legal procedures for changing a grandparent’s name on their grandchild’s birth certificate?
What is the legal definition of a grandparent?
What is the difference between joint legal custody and joint physical custody?
Are there any tax benefits available to grandparents who are caring for their grandchildren?
Are grandparents allowed to file a petition to terminate a parental rights?
Are grandparents’ rights affected by state laws?
What can a grandparent do if a custodial parent moves out of state and violates a visitation order?
Do all states recognize grandparents’ rights?
Related Blog Posts
Grandparents Rights Law: What You Need to Know - July 31, 2023Protection for Grandparents: Understanding Grandparents Rights Law - August 7, 2023
Navigating Grandparents Rights in Custody Disputes - August 14, 2023
Staying Informed: Changes to Grandparents Rights Law - August 21, 2023
Putting the Law On Your Side: Grandparents Rights Law Overview - August 28, 2023