Thank you for clarifying that, JoAnn.
NC courts can typically grant grandparent's visitation rights where it is shown that the child has a continuing relationship with the grandparent and it would be in the child's best interests to grant such visitation pursuant to the following section of the code:
G.S. 50-13.2(b1) An order for custody of a minor child may provide visitation rights for any grandparent of the child as the court, in its discretion, deems appropriate. As used in this subsection, "grandparent" includes a biological grandparent of a child adopted by a stepparent or a relative of the child where a substantial relationship exists between the grandparent and the child
. Under no circumstances shall a biological grandparent of a child adopted by adoptive parents
, neither of whom is related to the child and where parental rights
of both biological parents
have been terminated, be entitled to visitation rights.
Here is a link to the code:
Since grandparents rights are not constitutionally protected like parental rights, it is important to prove the continuing relationship with the child and the child's best interests persuasively, so it would be best to retain a local family law
attorney with experience seeking grandparent visitation to represent you in this matter.
It is possible to obtain visitation of the child even over the objections of the parent, but it typically takes significant evidence to do so since the law presumes that the parent is acting in the best interests of the child and you must overcome that presumption normally.
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