Family law attorneys are seeing an increasing number of grandparents seeking visitation and custody with their grandchildren through the court system. Grandparents' concerns have been heightened by the U.S. Supreme Court decision in June that strengthened the rights of parents. In that case, a Washington state judge had awarded the parents of the deceased father regular weekend visits with their grandchildren. The Supreme Court overruled that decision and stated that under the Constitution, a state cannot be permitted to infringe on the fundamental rights of the parents to make child-rearing decisions.
There is a strong presumption that a fit parent will act in the best interests of his or her child, and that includes making decisions about the degree of contact a child may have with anyone, including a grandparent. However, this presumption can be overcome in cases involving abuse, neglect, unfitness, or where a parent has acted inconsistently with his or her parental
obligation. A judge must respect the parents' fundamental right to make decisions concerning the care, custody and control over their children; at the same time, a judge's decision must reflect what is in the best interest of the child.
In North Carolina, there are four statutes that allow a grandparent to file an action for custody or visitation:
(1) N.C.Gen.Stat.§50-13.2(b1) permits a grandparent to intervene in an ongoing custody dispute and request visitation with a grandchild.
