Thursday 15 February 2018

Issues With Grandparent Custody Durham NC

By Christine Roberts


When it comes to divorce, there can often be good and bad results. In some cases, grandchildren get caught up in the process. As such, grandparents often have issues when it comes to custody or visitation. Most often, these issues arise when a stepparent adopts the child, thus eliminating the rights to the custodial parent and grandparents. As such, there are now new laws being looked at with regards to Grandparent Custody Durham NC.

In fact, the rights of grandparents with regard to custody and visitation are emerging issues in family law all over the country, including the state of North Carolina. For, the bond between grandparents and grandchildren is a special one. While this is the case, these relationships are often the first casualties when it comes to divorce.

Once custody visitation plans and custody battles are resolved, grandchildren and grandparents often lose touch. While this is the case, it is no one's fault. For, up until recently there had been no laws with regards to custody or visitation rights of grandparents. Whereas, it is now hopeful that grandparents in other states like those in NC can now fight for these rights.

With all going on in the world, more and more grandchildren are being raised by grandparents. In fact, many have full custody of children whom have been caught up in families dealing with domestic abuse and drug addiction. Whereas, there are others whom have been removed from homes due to alcoholism and child abuse.

Rather than being placed in foster homes, and possibly split up, many of these children have been placed with grandparents whether on a full-time or temporary basis. For, whether parents go to jail or go through treatment and rehabilitation, these children are often left in limbo. Since grandparents can often provide the care and love these children so desperately need, most often these are the first relatives asked to take care of the children.

A number of states are currently in the process of deciding how to frame guidelines with regards to custodial care by grandparents. For, even children from broken homes need the care which these individuals can best provide. As such, North Carolina and other states are now looking at options related to providing custodial and visitation rights to grandparents.

When considering the rights of the grandparents, courts often consider the relationships between parents and grandparents, grandparents and grandchildren and whether grandchildren have been spending time with grandparents. If not, then the court often sets a trial period, then will provide a review to determine whether or not legal visitation rights will be granted. If the grandchildren have an ongoing relationship with the grandparents, this is often more likely be the case.

In North Carolina, grandparents can ask for visitation rights with regards to marriage dissolution, separation and nullity proceedings. To obtain visitation rights, the grandparents must submit a petition at the beginning of any of these proceedings. After which, the individuals must also meet with a mediation specialist. Once having reviewed the case, the individuals must go through a mediation process to determine an acceptable visitation schedule for those having custodial and non-custodial custody.




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