Of the 69.3 million children in the U.S. in 1990, 5 percent
(3.2 million) were living in their grandparents' home. Of
these 3.2 million, almost 1 million (935,000) were being
cared for solely by a grandparent, with no parent present.
Grandparents’ rights are an emerging issue in family law
throughout the country, and in the state of North Carolina.
The bonds between children and their grandparents are
special. Unfortunately, these relationships are often one of
the first casualties of divorce. When child custody and
child visitation is finalized, grandmothers and grandfathers
(on the non-custodial parents’ side) often lose contact with
their grandchildren through no fault of their own.
More and more grandparents are being asked to play a role
in supporting their children and grandchildren. The rising
rate of divorce and separation as well as social problems
like drug addiction and alcoholism have literally orphaned
many children. Grandparents have stepped in to help fill
this void and to provide much needed care and nurturing for
their grandchildren.
The main issue is the question of what legal rights
grandparents have to visit their grandchildren following a
divorce or separation. The state of North Carolina permits
grandparents to litigate visitation rights when parents
divorce, even on the objections of both parents. It also
permits the litigation of collateral issues arising from the
existence of grandparents’ visitation rights, including
using such rights as a “factor” to order a change of
residence of the child or providing for the resolution of
additional child support issues relating to the
grandparents’ visits.
States are currently grappling with how to set up
guidelines to constitutionally allow visitation to
grandparents of children from broken homes, including here
in North Carolina.
When the courts are determining the extent of
grandparents’ rights, they typically consider:
- The relationship between the parents and
grandparents. Is this a healthy relationship
that is in the child’s best interest?
- The relationship between the grandparents and
children. Have they spent time together in the
past, or is this a new request?
In North Carolina, a grandparent can request reasonable
visitation rights in dissolution, separation, or nullity
proceedings involving the parents of the minor child. In
order to get visitation rights grandparents must file a
petition during the proceedings described above. In
addition, a grandparent who requests visitation must
participate in mediation proceedings. This is a process
where a mediator tries to work out a visitation agreement
that satisfies all parties and takes as its primary
consideration the best interests of the child.
Based on the closeness and longevity of the relationship,
and barring any abusive history, it is possible for
grandparents to remain a part of their grandkids’ lives for
years to come.
