Are grandparents allowed to sue for defamation of character if they have been denied access to their grandchild?
In North Carolina, grandparents do not have the right to sue for defamation of character simply because they have been denied access to their grandchild. The North Carolina Grandparent Rights Law does not give grandparents the right to sue for damages caused by a denial of access to their grandchildren. Under North Carolina law, grandparent privilege only applies to parents who have been denied access to their grandchildren, and not the other way around. Grandparents may pursue a civil action for visitation rights with their grandchild, but only when paternity is established and if the parents are unfit to make decisions concerning the grandchild. If grandparents feel that their reputation has been damaged by their denied access to their grandchild, they may attempt to prove that the denial was related to an intentional act or malicious behavior on behalf of the parent. In order to do this, the grandparents must have sufficient evidence to prove that the motivation of the parent was to harm the grandparents’ reputation. Grandparents may also prove their innocence by providing documentary evidence that disproves the claims of defamation. This evidence must be presented in a court of law in order for the grandparents’ case to be heard. In any case, it is important to speak with an experienced attorney in order to understand the Grandparents Rights Law in North Carolina and to ensure that one’s rights are properly protected.
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