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.
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