Comments on: Grandparents’ visitation & child custody rights in North Carolina

By: Mark Spencer Williams

Mark Spencer Williams — Tue, 20 Mar 2012 00:40:02 +0000

If it is a North Carolina case, you had to file to intervene in the custody action before there was a final decision. I strongly suggest you speak with a NC licensed attorney who can review the file with you and give you accurate advice about your specific situation.

By: Debbie

Debbie — Tue, 20 Mar 2012 00:25:06 +0000

My question is my daughter had a son and never married his father. As a grandparent I took care of my grandson during the day while they work, when
they parted ways I still keep my grandson during the day and after school. Since then my daughter has married, her husband is military and were relocated to Maryland. My daughter had primary custody for 7 years. The court then gave his father primary custody(50/50)after her moved to Maryland and he has had custody not quite a year. She has visitation 2 weekend a month 1 in-state, 1 out-state. Do I have any rights for visitation thru the legal system with my grandson other than my daughter weekends. I have ask his father for 4 hours after school one day a month so that we could take him out to dinner and spend a little time but was denied by his father. Do we as grandparents have any right for visitation?

By: Mark Spencer Williams

Mark Spencer Williams — Fri, 10 Feb 2012 00:36:12 +0000

If the parents are unfit or have acted inconsistent with their status as the child’s natural parents, you may have a claim. If you truly believe the child is being abused, you should report to the Department of Social Services (a law actually requires anyone to report suspected child abuse). Talk to a lawyer and provide all the facts!

By: annauton@charter.net

annauton@charter.net — Mon, 06 Feb 2012 19:36:42 +0000

i have a very mean daughter in law and who influenced my son to be the same. They will not let me see the grandaughter who was adopted from another country. after they got the pictures they needed to adopt, she turned on me giving me very lttle time with the grand daughter. I know they spanked the child with a wet spatula on a bare bottom and with a belt. the child stays in trouble at school daily. she is 6 yrs old and has been under the care of 5 different care takers. they contantly yell at her in resturants. people have told me of this and have have felt sorry for the child .
I can alot things documented of what they have done to this chld. When
I was allowed to get her
I let her be a child. can anyone help me
elsie ann

By: Mark Spencer Williams

Mark Spencer Williams — Sat, 04 Feb 2012 14:23:48 +0000

Generally in North Carolina after there is a child custody order in place, until one parent files a motion to modify custody, a grandparent cannot intervene for visitation. We always recommend you speak with an attorney about your specific situation.

By: Debra

Debra — Fri, 03 Feb 2012 17:09:52 +0000

Recently my daughter and I have come to an impass about her forthcoming marriage and pregancy. She has given birth to two other children whom she does not have primary custody of. The older of the two children lived with me for a period of 4 years while she was suposedly getting her life together. Last year the father of the oldest child sued and got primary custody of the child with my daughter having visitation. Until recently I was allowed to see and speak to my grand-daughter. Since the forthcoming wedding has been a dore subject, my daughter has spoken to the custodial father and they have agreed to not let me see or speak to my granddaughter. Can I seek visitation with my granddaughter now that a custody determination, or is that a lost cause?

By: Mark Spencer Williams

Mark Spencer Williams — Sun, 29 Jan 2012 17:10:10 +0000

I assume the child lives in North Carolina? If so, talk with a NC licensed attorney so that he/she can get all the facts regarding this situation. In general, your nephew should be able to file an action for child custody/visitation even though he is in prison. Unless your sister and her husband (the grandparents) intervene in the custody action, they cannot seek visitation/custody unless both the mother and the father are unfit parents. This is a complicated area of law that depends heavily on the facts of a particular case. That is why they need to meet with an attorney so the attorney can gather all of the required facts to properly advise them.

By: dee

dee — Sun, 29 Jan 2012 12:26:43 +0000

My nephew is in prison in NC. His son was born 4 months after his prison term began. His son is now 13 months old. The baby’s mother now has another son (by another man)..this baby was born prematurely. The baby’s mother reportedly is planning to move out of her mother’s home and into a living arrangement with the father of her second child. What rights do my sister and her husband have as grandparents?

By: Mark Spencer Williams

Mark Spencer Williams — Sat, 28 Jan 2012 23:59:03 +0000

Sounds like your lawyer helped you get back involved in your children’s life (or you did an incredibly good job representing yourself). Follow your lawyer’s advice, keep a journal, stay drug free, and take every opportunity to visit with your children.

By: Mark Spencer Williams

Mark Spencer Williams — Sat, 28 Jan 2012 23:53:07 +0000

Talk to an attorney licensed to practice law in the area where your niece lives ASAP. If she is in North Carolina and dad is involved in gang activity that subjects her to danger, there is a possibility that you or your parents could bring an action for child custody. If you can prove him unfit or that he has acted inconsistent with his constitutionally protected status as a parent, you have a case.

~Mark