Following divorce and grandparents rights?


#1

Dear Jimmy:

Greetings. This sounds just like a situation I witnessed in Wake County Court the other day! Grandparents have limited rights. What specifically do you want to know about those rights.

Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
NCDivorce.com
919-787-6668

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#2

Thanks for responding Janet. The grandmother is attempting to get the children from me. She even asked her daughter to sign a letter saying she was incapable of caring for the children. The grandmother constantly calls and threatens me with going to court. The social worker did not want me to leave the girls with her.What right does she have as far as seeing the children and possibly taking them from me?


#3

Dear Jimmy:

Greetings again. Grandma can file a claim for custody of the minor children only if she can prove that you and your ex do not have an intact family (not meaning a marriage, but that one of you can no longer parent the children) … which she may have done with the document your ex signed. Now, after she proves that there is no intact family, she must prove that you are unfit to parent the children.

If your ex files a claim for custody or to modify custody, then grandma can come in and ask for visitation also.

Bottom line is that grandparents have less rights than natural parents, but they can from time to time take the children away from a biological parent if the parent is acting in a manner contrary to the children’s best interests.

If she calls and threatens you again, record the calls (but only when you are speaking directly to her, not when she and the kids are on the phone). Best of luck.

Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
NCDivorce.com
919-787-6668

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#4

My former wife was found “unstable” and “explosive” by the deparment of social services and I recieved temporary custody of the children. She can only have supervised visits until she gets a letter from a doctor saying she is no longer a threat to herself or the children. So far that has been working, but now the grandparents (her parents) are threatening to take me to court and take the children from me. What are the rights of the grandparents in NC? Thanks.