As a grandparent, you care deeply about your grandchildren’s well-being. You may take pride in their accomplishments and want to stay actively involved in their lives. However, family disputes sometimes interfere with your ability to maintain that connection. In certain situations, grandparents have legal rights that allow them to seek visitation or custody when a parent is unfit. A Gastonia grandparents’ rights lawyer can explain your options and help you take appropriate legal steps.

Contact our experienced family attorney for help with your case during a free consultation.

Grandparents’ Rights

Grandparents do not have any inherent right to see or visit with their grandchildren. The law notes that in most cases, biological parents are the best legal custodians of their children, and they have the right to decide who their children see or spend time with, including their grandparents. However, there are some cases in which grandparents may have the right to pursue custody or visitation arrangements. A Gastonia grandparents’ rights attorney could provide more information about how grandparents can step in when parents are unfit or unable to provide for their children’s needs.

Grandparent Custody of a Grandchild

Unless a parent is unfit, the courts generally will not step in to give custody to a grandparent. However, there are several cases in which a grandparent may need to pursue custody of a grandchild, including:

  • Both parents have died
  • The child has already been removed from the parents’ custody because the parents are unfit
  • The parents are embroiled in a custody dispute that is not reflecting the child’s interests or needs, and a temporary transfer of custody is needed

The courts will always take the best interests of the child into account when setting a child custody agreement. Most of the time, that does not mean removing the child from the custody of the biological parents. However, in cases where the parents are unfit or deceased, a grandparents’ rights lawyer in Gastonia could help grandparents step in.

Grandparent Visitation

Biological parents typically have the right to decide who their children spend time with and when. However, grandparents may have the right to pursue visitation if:

  • The parents have died, and the child has been adopted by a relative
  • The surviving parent is unfit, and they need to pursue custody
  • The parents have been deemed unfit, and the child has been removed to foster care

Navigating grandparent visitation rights in Gastonia can prove complicated, particularly in cases where the grandparent does not intend to pursue custody of the grandchild. The courts will take into account the child’s existing relationship with the grandparents as well as the child’s best interests when determining whether grandparents have the right to visit with their grandchildren.

When the court terminates a biological parent’s rights, grandparents typically lose their visitation rights as well. However, the court may still grant visitation if it serves the child’s best interests. A Gastonia lawyer experienced in grandparents’ rights cases could assess the circumstances and determine whether a legal basis exists for pursuing visitation.

Contact a Gastonia Grandparents’ Rights Lawyer About Your Case

While state law may not grant grandparents specific rights, the courts generally act in the best interests of the child. In some cases, that may mean granting grandparents custody or visitation rights. If you are struggling to see your grandchild because of unfit parenting or custody disputes, a Gastonia grandparents’ rights lawyer could help. Reach out to the Law Offices of Regina M. Taylor today to discuss your options during a consultation.