Can Grandparents Sue For Visitation Rights?

Most people look back fondly on time spent with their grandparents. They truly are a blessing, helping connect us to the past and giving us a sense of belonging as we learn from the wisdom they've gathered over the course of their lives.

Divorce and related family issues can sever that bond, leaving some children to grow up without their grandparents as a regular fixture in their lives. If you are a grandparent being kept away from your grandchildren, you can turn to the lawyers of Kennedy Law Associates for guidance on your rights.

Do Grandparents Have Visitation Rights?

Yes and no.

North Carolina stands out as one of the few states that provides grandparents with visitation rights. Under state laws, courts have the right to order visitation rights for grandparents when it is in the best interest of the child. However, visitation must be sought within the context of a larger custody order; grandparents do not have the ability to seek visitation rights independently of an ongoing child custody case.

Should You Pursue Visitation?

In many ways, your access to your grandchildren is determined by your relationship with their parents. If you have concerns about being shut out by your grandchild's parents it may be worth getting a visitation order to ensure your access post divorce or post the custody order.

For example, when a parent loses custody due to reasons such as substance abuse, incarceration or other factors, it places their parent at risk of being left out of the child's life by the parent who has legal and physical custody. In North Carolina, seeking visitation in the course of that custody case can keep you from being cut out of your grandchild's life.

Representing Grandparents In Charlotte And Surrounding Communities

If you have questions about your situation, we can help place your mind at ease and pursue your rights. Contact us anytime to schedule your initial consultation with an experienced family law attorney.