Thursday, 15 February 2018

Grandparent Custody Durham NC And Mediation

By Christine Roberts


When it comes to divorce, there can often be good and bad results. In some cases, grandchildren get caught up in the process. As such, grandparents often have issues when it comes to custody or visitation. Most often, these issues arise when a stepparent adopts the child, thus eliminating the rights to the custodial parent and grandparents. As such, there are now new laws being looked at with regards to Grandparent Custody Durham NC.

In fact, the rights of grandparents with regard to custody and visitation are emerging issues in family law all over the country, including the state of North Carolina. For, the bond between grandparents and grandchildren is a special one. While this is the case, these relationships are often the first casualties when it comes to 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.

When it comes to divorce and separation, most grandparents have no rights when it comes to custodial or non-custodial custody. Some states like North Carolina now have laws related to visitation rights though custody rights are still in limbo. While this is the case, there are now some cases in which grandparents can litigate to have grandchildren live in the home, and if full-time, receive child support in North Carolina.

A number of states are now looking at creating laws related to custodial and non-custodial custody in this area. For, whether to maintain an ongoing relationship, or have the grandparents provide full-time care, either can be of importance to the overall health and well-being of children. As such, many states are looking at the possibility of establishing and passing these laws sooner rather than later.

When considering the rights of the grandparents, courts often consider the relationships between parents and grandparents, grandparents and grandchildren and whether grandchildren have been spending time with grandparents. If not, then the court often sets a trial period, then will provide a review to determine whether or not legal visitation rights will be granted. If the grandchildren have an ongoing relationship with the grandparents, this is often more likely be the case.

In North Carolina, grandparents can ask for visitation rights with regards to marriage dissolution, separation and nullity proceedings. To obtain visitation rights, the grandparents must submit a petition at the beginning of any of these proceedings. After which, the individuals must also meet with a mediation specialist. Once having reviewed the case, the individuals must go through a mediation process to determine an acceptable visitation schedule for those having custodial and non-custodial custody.




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