If a custody dispute exists, the involvement of children in a juvenile neglect case can put that dispute on hold. That pause may be necessary while the juvenile court considers safety issues. But what happens when the juvenile case is effectively over? Continue reading →
The previous blog (click here) discussed the case of Ledford v. Ledford and the mother’s appeal regarding service. This blog continues that discussion, focusing on the mother’s other argument, concerning “Standing”. Continue reading →
Many assume that a child’s parent always comes first in a custody dispute. Grandparents, aunts and uncles, even cousins couldn’t possibly stand a chance against a child’s mother or father. Many also assume that if you were never properly served with court papers, any following order can be undone later. Continue reading →
In Harney v. Harney, the North Carolina Court of Appeals addressed a specific child custody dispute involving the child’s mother and grandfather. Continue reading →
The Indian Child Welfare Act (ICWA) was enacted to protect the best interests of Native American children and promote the stability of Native families and tribes. It requires that courts make efforts to keep families intact and prioritize putting children in out-of-home placements that are within the child’s family or community. Further, the child’s tribal nation and family have a right to participate in decisions regarding foster placements. Continue reading →
The courthouse where a divorce complaint is filed is called the venue. Determining which venue to file in is important because only the proper venue can rule on a case. North Carolina law states that the venue for legal action is the county in which either party to the case lives, but identifying which court is the correct venue to initiate your divorce action can be more complicated. Continue reading →
In custody and visitation cases, grandparents are considered third parties. North Carolina does not allow third parties to seek custody or visitation unless certain conditions are met. First, filing for visitation requires that the child’s family is not intact, which means there must be an ongoing issue like an open custody case or adoption proceedings. Continue reading →
Parents have a constitutionally protected right to take care of their children, which includes making decisions about whom their children will spend time with. It is difficult to overcome this parental presumption. Grandparents who wish to seek visitation with their grandchildren should be aware that there are strict rules in North Carolina about when they can file and on what factors a decision will be based.
In a recent North Carolina Court of Appeals case, Evans v. Myers, Mother appealed after the trial court granted Paternal Grandparents legal and physical custody of her child while only awarding her limited visitation.
Grandparents can only file for visitation during an ongoing custody dispute between the parents or if they can prove the parents are unfit. What happens if the parents’ custody case is resolved before the court has a chance to decide on grandparent visitation? This was the question at the center of a recent North Carolina Court of Appeals case.
Grandparents are inarguably a vital part of a child’s life, but the decision to include them is ultimately up to the parents. It can be devastating for grandparents when contact with their grandchild has been restricted. What are your options as a grandparent for seeking court-ordered visitation in North Carolina?
North Carolina allows grandparents to file for visitation only in certain circumstances. The state allows grandparents to file for visitation only if the child’s family is not intact, which may include the following scenarios:
North Carolina Divorce Lawyers Blog