Does a grandparent have the right to obtain legal custody of a grandchild?

In North Carolina, a grandparent does have the right to obtain legal custody of a grandchild, though it is not an absolute right. Grandparents can file a petition with the court in order to obtain legal custody of a grandchild if certain criteria are met. Grandparents may be granted custody if it is found that it is in the best interests of the child, that the parents are unable to care for the child, or if it is determined that the child was “abandoned.” Also, a grandparent can be found to have standing if they have had ongoing involvement and contact with the child. The court will also consider the parents’ wishes, and a grandparent’s rights could be limited if the court finds that it is not in the best interests of the child to grant the grandparent custody. Additionally, grandparents will not be awarded custody if it is found that it would interfere with a “stable and harmonious relationship” between the parent and child. Ultimately, the courts may grant or deny a grandparent’s petition depending on the circumstances, and the decision will always be based on the best interests of the child. If the court determines that a grandparent is the best fit to care for the child, then the grandparent may be granted custody. However, the parent of the child will always be consulted and their wishes will be taken into account.

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Does a grandparent have the right to obtain legal custody of a grandchild?

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