Articles Posted in Grandparent Custody

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Grandparents

Divorce can affect many relationships, and it is not unusual for grandparents to lose contact with their grandchildren in the process. Are you are a grandparent seeking custody or visitation of your grandchildren? If so, we may be able to help. At the Woodruff Family Law Group, our skilled North Carolina family law attorneys can meticulously analyze your facts and let you know your rights and options.

Under North Carolina law, grandparents can only seek custody and visitation with their minor grandchildren in certain circumstances. One such situation is if both the child’s parents are unfit (i.e., due to drug addiction, abuse, etc.) or unable to care for the child. An inability to care for the child may arise due to a serious disability or death. In such cases, the grandparents could report the parent’s unfit behavior or inability to care for the child to the court and request custody of the child.

North Carolina law allows a grandparent to intervene in an ongoing custody dispute and request visitation with a child. Grandparents cannot, however, seek visitation when their grandchildren are living in an intact family. In the case of McIntyre v. McIntyre, the paternal grandparents, whose son was deceased but had separated from his wife prior to his death, filed a claim for visitation with their minor granddaughter, who lived with her mother at the time. Since one parent was deceased, there was no custody action pending between the children’s parents. Continue reading →

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This is a must-see movie for grandparents seeking custody, particularly if the opposing parties are really the paternal grandparents vs. the maternal grandparents.  In a complex fact pattern, everyone gets it right in the end, after a movie filled with struggles.  All looked after the seven-year-old Eloise’s best interests, although it was certainly shaky for a while in the movie.

Kevin Costner plays Elliott Anders, a grandfather, who, with his wife Carol, is raising their granddaughter, cute and vivacious Eloise.   Carol and Elliott’s daughter died of congenital heart disease giving birth to cute, seven-year-old Eloise, who lives with Elliott and Carol.  Then, Carol dies suddenly in a car accident.  Eloise is in the third grade at an advanced school in Los Angeles.  Grandfather Elliott is immediately in the primary parent position with lots of new skill sets to learn, not to mention the grieving for his wife’s sudden death.

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