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Articles Posted in Grandparents

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Evidence Needed in Grandparent Custody

Drum v. Drum, 2022-NCCOA-448. Facts: Plaintiff is the maternal grandmother of a minor child. Defendants are the biological mother and father of the minor child. Notably, Defendant Mother was not a party to the appeal; only Defendant Father appealed. The minor child at issue in this custody case had been…

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When Grandparents Can Seek Visitation

Wayne Hopper, Legal Assistant Graham v. Jones Child custody issues can be confusing and difficult to navigate. This is especially true when grandparents seek custody of a grandchild. Grandparents find themselves with questions regarding child custody and their rights and often do not know where to begin. Would it be…

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Another Grandparent Visitation After Death of a Parent

Gray v. Holliday, COA20-425 (May 2021) (unpublished).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

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Grandparent Custody and Visitation

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…

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Custody Modification – Positive Change in Circumstances

Fecteau v. Spierer, COA20-532 (2020). Child custody orders are modifiable under North Carolina law. In order to modify, the party seeking a modification must show a substantial change in circumstances, from those found in previous order, that warrants modification. It may seem obvious that big changes in the custodial parent’s…

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Custody Modification – Grandparents to Parents

Fecteau v. Spierer, COA20-532 (2020). Child custody orders are modifiable. In order modify, the party seeking a modification must show a substantial change in circumstances, from those found in the previous order, that warrants modification. In some cases, primary physical custody is awarded to a nonparent. Most often, this nonparent…

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Grandparent Visitation After Death of a Parent

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…

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Modifying Child Custody: Grandparents vs. Parents

We’ve all seen videos such as this one on the highly addictive TikTok app depicting parents dropping their kids off at Grandma and Grandpa’s house to achieve some much needed alone time. Ever since the Piedmont Triad began experiencing the monumental effects of COVID-19 in early March, both kids and parents alike…

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Getting Custody Back From the Grandparents

In North Carolina, a parent can lose custody over their minor children to the children’s grandparents. One way this can happen is by Order of the Court in a child custody proceeding. Child custody is never permanent, and below we discuss a way for parents to regain custody by motion…

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“No Good Deed Goes Unpunished” : Non-Marital Relationships and Qualifying Dependents

Sharp v. Comm’r, T.C. Memo. 2017‑208, 2017 WL 4973234 (2017)   (a) Facts:    A woman lived with a man in California.  The couple was not married.  The man had a child by a prior relationship, and the child had two minor children.  The man was, therefore, the children’s biological grandfather.…

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