North Carolina recognizes the right of grandparents to have visitation with their grandchildren. The right of a grandparent to have visitation does have limits. First, a grandparent may only assert the right to seek visitation with his or her grandchildren if the parents of that child are engaged in a dispute regarding custody of the child. The North Carolina Supreme Court has interpreted both the United States Constitution and the North Carolina Constitution to prohibit the right of a grandparent to impose demands for visitation on those families who are not disputing custody of their children.
As always, the right of a grandparent to have visitation with a grandchild must yield to the best interests of the child.
For more information regarding grandparent rights and visitation, please contact us to schedule a consultation.