When Grandparents Seek Custody or Visitation Rights in North
Carolina

Understanding Grandparents’ Rights in the Raleigh Triangle

For many families in Raleigh, Durham, and Chapel Hill, grandparents are a source of emotional
stability, guidance, and support. But what happens when a grandparent’s ability to see or care
for their grandchild is at risk? In North Carolina, grandparents may have legal options to pursue
custody or visitation, though these rights are limited and highly situation-specific.

At Gailor Hunt Davis Taylor & Gibbs PLLC, we frequently work with grandparents navigating
these sensitive issues. Whether you’re stepping in during a family crisis or facing barriers to
seeing your grandchild, understanding your rights is the first step.

When Can Grandparents Seek Custody or Visitation in North Carolina?

North Carolina law protects the constitutional rights of parents to make decisions about their
children’s upbringing. However, in certain circumstances, grandparents may be able to seek
legal custody or visitation.

Custody

Grandparents may seek custody if they can prove that:

• One or both parents are unfit, or
• The parents have acted inconsistently with their protected parental status (e.g.,
  abandonment, chronic neglect, substance abuse).

These are serious legal thresholds, and the burden of proof is high. Courts will evaluate whether
the child’s best interest is served by placing them in the grandparent’s care.

Visitation

Grandparents may request visitation rights, but only under specific conditions:

• There must be an ongoing custody dispute between the child’s parents.
• The grandparent must intervene in the existing case—not initiate a standalone claim.

In most intact families, grandparents cannot file a new lawsuit for visitation unless there’s a
triggering legal event (e.g., divorce, separation, or parental termination).

The Best Interest of the Child Comes First

Every custody or visitation case in North Carolina revolves around one core principle: the best
interest of the child. The court will consider factors such as:

• The existing bond between the grandparent and the child
• The child’s emotional and physical needs
• The potential impact of continued or denied contact

Why Legal Guidance Matters

These cases are emotionally charged and legally complex. A misstep—such as filing without
proper standing or failing to demonstrate parental unfitness—can jeopardize your case and
potentially strain family relationships.

At Gailor Hunt Davis Taylor & Gibbs PLLC, we offer:

• Clear evaluations of your legal standing as a grandparent
• Strategic legal planning tailored to North Carolina family law
• Compassionate representation for families in transition

We proudly serve families across the Raleigh Triangle and are here to help protect the bonds
that matter most.

Serving Grandparents in Raleigh, Durham & Chapel Hill

If you’re a grandparent in Wake, Durham, or Orange County facing a custody or visitation issue,
don’t wait to seek support. Every situation is unique, and early legal intervention can make all
the difference.

Schedule a confidential consultation today