Relatives and grandparents in North Carolina have custody rights to a child under certain circumstances  as outlined by the court.  For example, if the child’s parents have been proven unfit as parents, have abused the child, have neglected the child, or have acted in a manner in opposition to their responsibilities as a parent, relatives and grandparents may have the right to seek custody of the child.  Similar to other areas of child custody, this is a complex legal area. 

Grandparents’ rights are governed by N.C.G.S. 50-13.1, which provides that “any parent, relative, or other person, agency, organization, or institution claiming the right to custody of a minor child (who has not as yet attained the age of eighteen years) may institute an action or proceeding for the custody of such child.”  

Grandparents Visitation

Grandparents in North Carolina have formal rights to child visitation while the child’s parents are involved in a child custody matter.  However, grandparents must take official action with the court to exercise these rights and can only do so while the custody matter is being considered.