North Carolina Divorce Lawyers Blog

Articles Tagged with grandparent visitation

Published on:

By

Rose v. Powell, 2023-NCCOA-______ (2023).

  • Facts: Plaintiffs were the biological grandparents of the minor child in this case. Plaintiffs’ son, Jacob Chandler Rose, unexpectedly passed away. At the time of his death, the Defendant, Jacob’s wife, was pregnant with Jacob’s child, later named Aubrey, born on April 30, 2019. The Plaintiffs embraced their role as grandparents to Aubrey and spent time together, forming a close bond until May 2021. During this period, they assisted the Defendant with legal matters related to social security claims and provided financial support for Aubrey’s baptism. However, in May 2021, the Defendant severed contact between the Plaintiffs and Aubrey, resulting in a cessation of visitation. The Plaintiffs responded by seeking secondary custody of Aubrey on November 29, 2021. The Defendant, on February 2, 2022, filed a motion to dismiss and countered with requests for temporary and permanent custody, along with child support arrangements. The case was heard on August 15, 2022, the court issued an order dismissing the case. The Plaintiffs appealed this decision.

Continue reading →

Published on:

By

Gray v. Holliday, COA20-425 (May 2021) (unpublished).

In Greensboro, grandparent visitation rights may be awarded if the Court deems it appropriate. This often happens by intervening in the custody battle being fought by the custodial parents. But what happens when one of the parents passes away before the custody issue is resolved? Or what happens in a case where there is no underlying custody litigation, and a grandparent wishes to begin one? Continue reading →

Published on:

By

Graham v. Jones, 270 N.C. App. 674 (2020).

In North Carolina, grandparents have the ability to have their concerns for custody and visitation heard by the courts. Our statutes allow any parent, relative, or other person claiming a right to custody to institute an action for child custody. Grandparents are relatives of the minor child, and thus have standing to file for custody. But the laws surrounding grandparent custody and visitation are extremely nuanced as a result of being developed over many years of case law. Below is one case that summarizes this area of law. Continue reading →

Published on:

By

Alexander v. Alexander, ______ N.C. _______ (2021) (COA19-391).

In Greensboro, Grandparents may be awarded visitation rights if the Court deems it appropriate. Often, it is by intervening in the custody battle being fought by the custodial parents. Even after a final custody order is entered, a Grandparent may seek visitation when the circumstances affecting the child have substantially changed. But what happens when one of the parents passes away before the custody issue is resolved? Continue reading →