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.

For, when custody battles are over and visitation plans finalized, grandmothers and grandfathers often lose touch with the grandchildren. While this is no one's fault, the grandchildren can often have a hard time understanding this new reality.

With all going on in the world, more and more grandchildren are being raised by grandparents. In fact, many have full custody of children whom have been caught up in families dealing with domestic abuse and drug addiction. Whereas, there are others whom have been removed from homes due to alcoholism and child abuse.

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 currently in the process of deciding how to frame guidelines with regards to custodial care by grandparents. For, even children from broken homes need the care which these individuals can best provide. As such, North Carolina and other states are now looking at options related to providing custodial and visitation rights to grandparents.

Grandparents can now litigate for a change of residence of grandchildren, and request legal visitation rights in North Carolina. While this is the case, these individuals must do so at the beginning of a qualified proceeding such as divorce, separation or nullity. Whereas, in cases related to domestic abuse or drug addiction, the court is often in charge of placing children in a safe environment, which in many cases can be with grandparents.

In North Carolina, grandparents can ask for visitation rights with regards to marriage dissolution, separation and nullity proceedings. To obtain visitation rights, the grandparents must submit a petition at the beginning of any of these proceedings. After which, the individuals must also meet with a mediation specialist. Once having reviewed the case, the individuals must go through a mediation process to determine an acceptable visitation schedule for those having custodial and non-custodial custody.




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