Grandparent visitation


#1

1 more question-If you can modify it what state do you modify it in? The state that the order was agreed to originally (where grandparent lives and where the child used to live with his other parent prior to parent passing)or where the child lives and will continue to live with the child’s only biological parent?


#2

bumping for response from attorney

Thanks!


#3

There is not a normal grandparent visitation. A grandparent can sue for custody or visitation, however it is generally not awarded unless both parents are acting inconsistent with their parental rights.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

ROSEN.COM

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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#4

Thanks Helena for your response. I am the only living parent of my child. The grandparent in question is my ex father in law. He and my son’s stepmother kept my child from me and I had to sign a ‘consent order’ giving them visitation to even get my son back after his father passed.

The ‘consent’ order was done in NC. My son lives with me in SC. Can I get it modified and if so what state do I have to do it in. The most recent court order between my now deceased ex husband and I was from CA and stated we had joint custody and my son was to come and live with me after being with his dad for 1 year. We relocated to SC so my son would be closer to his father for visits and then my ex refused to allow my son to come home and live. My ex father in law and my son’s step mom wouldn’t let me even speak with my son or visit with him. I had to sign that paper or my son would still be there while we fought it out in court. The local law enforcement wouldn’t help me even in that county as they said my order giving me custody was from out of state.

Do I have to go through the NC courts to change this consent order or can I go through SC which is where my son lives to have it modified?

The step mom and grandfather of my son are parties to this ‘consent agreement’ giving them visitation.

Thanks!


#5

If your son has lived in SC for the last six months you would need to file a motion in the NC courts to decline jurisdiction. If it is granted you would then file an action in South Carolina, register your order there and then file a motion to modify custody, or whatever procedure is proper in SC. If he has not lived in SC then you need to file in NC or wait until he has lived in SC for six months before proceeding.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

ROSEN.COM

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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#6

What is the normal schedule of grandparent visitation? And how often is it granted?

Can it ever be modified?