Issues With Grandparent Custody Durham NC

By Christine Roberts


Separation and divorce are often proceedings which are hardest on children living in the home. In addition, while many of these children are close with grandparents, most lose touch during the process. As such, there are now people fighting for custodial and visitation rights with regards to Grandparent Custody Durham NC.

In fact, the rights of grandparents with regard to custody and visitation are emerging issues in family law all over the country, including the state of North Carolina. For, the bond between grandparents and grandchildren is a special one. While this is the case, these relationships are often the first casualties when it comes to divorce.

Once custody visitation plans and custody battles are resolved, grandchildren and grandparents often lose touch. While this is the case, it is no one's fault. For, up until recently there had been no laws with regards to custody or visitation rights of grandparents. Whereas, it is now hopeful that grandparents in other states like those in NC can now fight for these rights.

More grandparents have full and part-time custody of grandchildren more than at any other time in history. In most cases, those caring for children on a part-time basis take care of children while a parent is at work. Whereas, there are others whom provide the care and love these children need on a full-time basis. When this is the case, it is often due to both parents being ill, injured, or incarcerated.

Rather than being placed in foster homes, and possibly split up, many of these children have been placed with grandparents whether on a full-time or temporary basis. For, whether parents go to jail or go through treatment and rehabilitation, these children are often left in limbo. Since grandparents can often provide the care and love these children so desperately need, most often these are the first relatives asked to take care of the children.

A number of states are now deciding how to create guidelines which will allow for visitation with grandparents, including children from broken homes. North Carolina is included in looking at the options available to make this a reality sooner rather than later. For, grandparents can often provide the care and love these children so desperately need, especially when parents are going through a difficult separation or divorce.

When considering the rights of the grandparents, courts often consider the relationships between parents and grandparents, grandparents and grandchildren and whether grandchildren have been spending time with grandparents. If not, then the court often sets a trial period, then will provide a review to determine whether or not legal visitation rights will be granted. If the grandchildren have an ongoing relationship with the grandparents, this is often more likely be the case.

In cases where grandchildren and grandparents have not been spending time together on a regular basis, there is often a trial period. After which, the court reviews the case, then makes a decision based on the relationship between grandchildren and grandparents. It should be noted that grandparents must file for these rights at the time of annulment, divorce or separation. Then, if granted these rights, go through a mediation process to determine visitation plans which are acceptable to all involved, whether having custodial or non-custodial custody.




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