Your Rights as a Grandparent – Asserting Custody

Asserting Custody: In 2022, many grandparents and other relatives are helping to raise the biological children of their children. It is a highly controversial and important topic to discuss because it is pivotal to the wellbeing and fostering of our next generation. Children all deserve to live in a household that provides them the tools necessary to grow up safe, healthy, and loved. In the event the biological parent of the minor child you are raising is acting in a manner inconsistent with their Constitutionally protected rights as a parent and you seek to obtain custody of that child, the law provides you with options.

“Grandparents are able to establish third party standing to intervene for custody when they allege acts that would constitute [parental] unfitness, neglect [or] abandonment, or any other type of conduct so egregious as to result in [the parent’s] forfeiture of his [or her] constitutionally protected status as a parent.”  Wellons v. White, 229 N.C. App. 164, 176, 718-19 S.E.2d 709, 718 (2013). A grandparent may file a Motion to Intervene in an existing custody action or a new third-party action. Both actions require that the grandparents show evidence that the parents are acting in a manner inconsistent with their constitutional rights as a parent.

North Carolina courts have held when grandparents are contributing the “heavy lifting,” of parenting, such as feeding, caring for, providing schooling, and generally tending to the raising of children, they have a right to sue and to an order for custody of a child. Drum v. Drum, 2022-NCCOA-448.

If you as a grandparent have been caring for and providing for your minor grandchild, you may have a right to file for custody of your grandchild and we have the necessary skill to help you navigate through the legal process. Every minor child deserves the right to be afforded a loving and nurturing home. Our firm seeks to give the opportunity to relatives and guardians to assert their claim of custody.

If you are seeking alimony from your spouse, please contact the Law office of Stephen Robertson. Our skilled and experienced attorneys will guide you through the process. We offer 15 minutes free phone consultation with our experienced Divorce lawyers at link here or call us at 336-370-6760.