Grandparents and Third-Party Custody – Visitation in Fayetteville North Carolina

Fayetteville NC Divorce Lawyers – Family Law Attorneys

The process of divorce would seem on the surface to revolve around the former partners involved, but there are others who are very significantly impacted when a couple gets a divorce. Clearly, if there is a child or children present, their lives are going to change and decisions will need to be made concerning custody, visitation, and child support. In addition to the children, grandparents can also face challenges after the divorce depending on the terms of the divorce, who has primary custody, and the general dynamic that exists between all parties concerned in the aftermath of the proceeding.

In most cases the parents of the children will simply allow visitation by the grandparents, but if they are not allowed visitation they do have legal recourse under certain conditions. These would include intervention during a child custody dispute and in cases when the family is not intact from a legal standpoint. Under the North Carolina General Statutes (§ 50-13.2.) grandparents also have the right to petition the court for custody under some circumstances, and in addition to grandparents, the law allows for custody by other third parties as well. In these matters the court will decide based on what custody arrangement is in the best interests of the child or children involved.

In all matters of custody and visitation, it is always best for the parties involved to come to an agreement that places the well being of the children first. Interaction with the people who love them enough to seek custody or visitation is almost always going to be a good thing for the children, and most couples realize this. The court actually decides a small percentage of custody cases, and in North Carolina the judge will order mediation before they will hear a case. Third party mediators can often guide the couple toward a custody and visitation solution that is fair to all concerned. The bottom line is that grandparents and other third parties do have legal recourse concerning custody and visitation in North Carolina, but every effort should be made to resolve these matters before they wind up in court.

Anyone who has questions about the rights of grandparents and/or third-party custody/visitation should contact an experienced Fayetteville NC attorney who has a background handling these types of cases.