Custody

If there is an on-going custody case involving the child, a grandparent can get visitation rights as part of the custody order if the judge believes it is appropriate.¹

If the child is adopted by a relative or a step-parent, a biological grandparent can file for visitation rights if a substantial relationship exists between the grandparent and the child. The judge can order visitation rights if visitation is in the best interest of the child. However, if the parental rights of both biological parents have been terminated and the child is adopted by someone other than a step-parent or relative, the biological grandparents lose any rights to file for visitation.²

A grandparent who is filing for visitation must include the following information in his/her petition:

1. any convictions for:
   • a sexually violent offense listed in section 14-208.6(5) of the law;
   • a human trafficking offense;
   • an involuntary servitude offense;
   • a sexual servitude offense; or
   • the sexual exploitation of a minor as defined in sections 14-190.16, 14-190.17, or 14-190.17A of the law;
2. whether s/he has been granted or denied custody of any child in any state; and
3. a statement that s/he has not been paid or given anything of value and not been promised anything directly or indirectly, in exchange for the child.³

¹ N.C. Gen. Stat. § 50-13.2(b1)
² N.C. Gen. Stat. § 50-13.2A
³ N.C. Gen. Stat. § 50-13.1(a1), (a2)