North Carolina grandparents’ rights
Grandparent Rights to Custody & Visitation in North Carolina
Grandparents have limited but real rights to seek visitation or custody of their grandchildren in North Carolina. Timing is critical — waiting too long can mean losing the right to make a claim at all. We help grandparents understand their options and act while those options are still open.
When Can Grandparents Seek Visitation or Custody?
Grandparents can seek visitation of grandchildren when the children’s parents are divorcing and have an open lawsuit. Grandparents can also seek custody of grandchildren who are neglected, abandoned, or in a dangerous situation. North Carolina law recognizes several specific paths for grandparents to pursue a relationship with their grandchildren:
- An open custody or divorce case involving the grandchild’s parents
- A stepparent or relative adoption where a substantial relationship already exists
- A prior custody order that has since had a substantial change in circumstances
- Evidence that the grandchild is neglected, abandoned, or in a dangerous situation
The North Carolina Statutes That Apply
Four statutes govern a grandparent’s ability to maintain an action for custody or visitation of a grandchild:
During an Open Custody Case
Under N.C. Gen. Stat. §50-13.1(a) and §50-13.2(b1), a grandparent may intervene in an active custody or divorce case and ask the court to order visitation as part of that case.
After a Stepparent or Relative Adoption
Under N.C. Gen. Stat. §50-13.2A, a biological grandparent may seek visitation after an adoption by a stepparent or relative, provided a substantial relationship already exists with the child.
Modifying an Existing Order
Under N.C. Gen. Stat. §50-13.5(j), a grandparent may seek custody or visitation rights by showing a substantial change in circumstances since the prior custody order.
Visitation vs. Custody: An Important Distinction
North Carolina courts clearly distinguish custody from visitation. As a general rule, grandparents only have a right to intervene and seek visitation while a custody case is ongoing. Once the parents have reached an agreement on custody, or the court has already decided custody, grandparents generally can no longer seek visitation on their own.
It is significantly more difficult for a grandparent to seek custody than visitation. Without an open case, custody is generally the only option, and grandparents must show that the parents have abandoned the child or that the grandchild is being severely neglected — in practice, a standard similar to what would cause the Department of Social Services to remove a child from the parents’ care.
The Law, in Their Own Words
In laymen’s terms: if your grandchild’s parents have an open lawsuit in court, you can file to intervene in the case and seek visitation. The court applies a best-interest-of-the-child standard to decide whether you should have visitation and how often. Below is the relevant statutory language.
Custody, Guardianship or Adoption: Choosing the Right Path
Grandparents who are already raising a grandchild often ask for “custody” when a different tool fits better, and the choice affects everything from school enrollment to Medicaid. A custody order under Chapter 50 gives you decision-making authority and physical custody while the parents remain parents; it is the right choice when a parent is alive and may resume care. Guardianship through the Clerk of Superior Court is used when both parents have died or when the child has money that needs a guardian of the estate. Adoption permanently ends the parents’ rights and makes you the legal parent, the most secure option and the hardest to obtain over a parent’s objection.
When the Department of Social Services has removed a child from the parents, the rules change again: grandparents can seek placement and custody inside the juvenile case, and moving quickly matters. Our article on DSS, custody and your children explains how those cases work.
What Grandparents Should Gather Before Filing
- A timeline of your involvement: how often you have cared for the child, overnight stays, school pickups, medical appointments and holidays
- Evidence of the parents’ situation: substance abuse, incarceration, mental health crises, unstable housing or abandonment, documented rather than described
- Any existing custody order or pending case between the parents, because your standing to intervene depends on it
- Records showing the child’s routine and stability in your home: school enrollment, medical providers, activities
- Texts, emails or messages in which a parent asked you to care for the child or acknowledged your role
- A realistic budget; grandparents raising grandchildren may qualify for child support from the parents and, in some cases, public benefits for the child
Related Reading
Grandparents’ Rights FAQs
Do grandparents have visitation rights in North Carolina?
Maybe. North Carolina grandparents have limited rights to seek visitation, and timing is critical — waiting too long before making your move can mean losing the right to make a claim at all. Whether you qualify depends on whether there is an open custody case, a qualifying adoption, or a prior order that can be modified.
What is the difference between grandparent visitation and grandparent custody?
Visitation is generally available only while a custody case involving the grandchild’s parents remains open. Custody is a much higher bar, typically requiring a showing that the parents have abandoned the child or that the child is being severely neglected.
Can grandparents get visitation after a stepparent or relative adoption?
Yes, in certain circumstances. A biological grandparent may seek visitation after a stepparent or relative adoption if a substantial relationship with the child already exists. This right does not apply when unrelated adoptive parents have adopted a child whose biological parents’ rights were both terminated.
How do I seek custody as a grandparent?
Without an open custody case, custody is generally the only path available, and you must show that the parents have abandoned the child or that the child is being severely neglected. An experienced family law attorney can help you evaluate whether your situation meets this standard.
Is there a time limit for grandparents to request visitation?
Yes. Grandparents generally must seek visitation while a custody case is still open. Once the parents reach a custody agreement or the court enters a final custody order, the window to intervene typically closes. Contact us as soon as you anticipate a custody or divorce case so you do not lose your opportunity.
Can grandparents get custody if the parents are unfit?
Yes. A grandparent, like any non-parent, can be awarded custody by showing that the parents have acted inconsistently with their constitutionally protected status as parents, for example through abandonment, neglect, or leaving the child in the grandparent’s care for an extended period, and that custody with the grandparent is in the child’s best interests. This is a higher bar than the best-interests test that applies between two parents, and the evidence has to be specific.
Do grandparents have to pay for a lawyer for the grandchild?
Not usually. If the court appoints a guardian ad litem or attorney for the child, the fee is allocated between the parties as the court decides. In DSS cases the child’s guardian ad litem is provided by the state.
Can a parent cut off contact with grandparents after a divorce?
If the parents are intact and there is no custody case, yes; North Carolina does not give grandparents a right to visit over the objection of parents in an intact family. Once there is a custody dispute between the parents, or a parent has died or is unfit, grandparents gain standing to ask the court for visitation, and the court can order it if it is in the child’s best interests and does not interfere with the parent-child relationship.
Protect Your Relationship With Your Grandchildren
If you are a grandparent concerned about maintaining a close relationship with your grandchildren, contact us early so you can make an informed decision about your next steps.
