Family's Visitation During Father's Deployment

North Carolina Divorce Law Divorce and Separation Answers
1

My son-in-law may be deployed within the next year. My (step)granddaughter lives out of state. He has joint custody. We keep her for one entire month every third month. We have strong ties with this little girl. Not only that, but she (age 4) has a 5 year old sister here. They are inseparable when she visits. It is hard on all of us when she is not here. We miss her terribly.

The mother has told us that she doesn’t care what the law says, if the father (my son-in-law) is deployed, we will not see my grand daughter. The mother was caught in an adulterous affair and moved her far away. She ran off with the man she had an affair with.

Can you please tell us our legal options? This is just another in the long list of legal battles with her.

Thanks so much.

2

Unless the mother is deemed unfit by the court, the unfortunate reality is that grandparents do not have visitation rights unless it is outlined in an existing court order.

3

What about the step mother and sister? Do they not have any rights to see her when he is gone?

thanks so much…

4

Unfortunately not, unless there has been a successful action to intervene, or the mother has been adjudicated to be unfit no persons other than the biological or legally adoptive parents have rights to see the child.