Most courts give great deference to the parents of children in child custody matters, and grandparents are awarded custody of their grandchildren only under limited circumstances.
For example, if both parents are unfit to have custody of their children, or if both parents are deceased, or if one parent is deceased and the other is in prison, grandparents may petition the court for custody of their grandchildren.
And grandparent visitation rights vary from state to state, and are often conditioned on certain circumstances, such as when the child’s parents are divorced, separated, or deceased.
In North Carolina, the law recognizes the primacy of parents' rights in child custody matters. Grandparents may seek custody of their grandchildren in certain limited circumstances, such as when both parents are deemed unfit, both have passed away, or one is deceased and the other is incarcerated. However, these situations are exceptional, and the court will closely scrutinize the grandparents' claims to ensure the best interests of the child are served. Regarding visitation rights, North Carolina law allows grandparents to seek visitation under specific conditions, such as when the child's parents are divorced, separated, or one or both parents are deceased. The court will consider such petitions for visitation by evaluating whether it would be in the child's best interests to maintain a relationship with their grandparents.