Mediation And Grandparent Custody Durham NC

By Christine Roberts


When going through a separation or divorce, it is often the children who pay the price. For, it can be an emotional roller coaster, especially when parents are not on good terms. While this is the case, there are potential new laws being reviewed all over the United States with regards to Grandparent Custody Durham NC.

Now emerging as one of the biggest issues in family law, it is an important one. For, the bond between grandchildren and grandparents is an important and special one. Still, these relationships can often be the first casualties when it comes to separation or divorce.

When it comes to divorce, it can often be difficult to provide for visitation with grandparents. For, most often there is a custodial and non-custodial parent. While some can work together to provide joint custody, this is not always the case. As such, with already having to plan time for visitation, non-custodial parents can often fail to include time for visiting the parents of either spouse.

More grandparents have full and part-time custody of grandchildren more than at any other time in history. In most cases, those caring for children on a part-time basis take care of children while a parent is at work. Whereas, there are others whom provide the care and love these children need on a full-time basis. When this is the case, it is often due to both parents being ill, injured, or incarcerated.

Currently, the main issue with regards to the rights of grandparents is visitation rights after divorce or separation. While this is the case, North Carolina allows for grandparents to litigate for visitation rights even when both parents object. In some cases, grandparents can now litigate to have the child legally reside in the home and obtain child support.

A number of states are currently in the process of deciding how to frame guidelines with regards to custodial care by grandparents. For, even children from broken homes need the care which these individuals can best provide. As such, North Carolina and other states are now looking at options related to providing custodial and visitation rights to grandparents.

In the process, grandparents must often answer several questions, along with proof that the individuals can provide a caring, loving and safe home. In addition, the court often reviews the relationships between parents and grandparents, grandchildren and grandparents and whether or not the children have been spending time with grandparents. When grandchildren have an ongoing relationship with grandparents, it is more likely visitation rights will be granted to those individuals.

In cases where grandchildren and grandparents have not been spending time together on a regular basis, there is often a trial period. After which, the court reviews the case, then makes a decision based on the relationship between grandchildren and grandparents. It should be noted that grandparents must file for these rights at the time of annulment, divorce or separation. Then, if granted these rights, go through a mediation process to determine visitation plans which are acceptable to all involved, whether having custodial or non-custodial custody.




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