Petition Visitation Form With Grandparent In North Carolina
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FAQ
Who Determines the Grandparent Visitation Schedule? There is no one-size-fits-all answer to how often you should be allowed to see your grandchild. This will depend largely on the child's best interests and what the parent's schedule reasonably allows.
If two parents cannot agree, the non-custodial parent may file a visitation complaint with the court to request increased visitation time. In some North Carolina districts, the court requires mandatory mediation for parents before the court decides on visitation issues.
These types of reasons are considered personal and biased and will not hold up in court. The only time the court will allow you to deny the other parent visitation is if they put the children involved in imminent danger. For example, when a parent comes to pick up a child when they are heavily intoxicated.
A mother cannot deny a father visitation in North Carolina unless an allegation of abuse or the inability of the father to care for the child is proven in court. Only the court can deny a parent access to their child. Visitation would not be allowed in cases of physical abuse, drug use, or a history of child neglect.
If your grandchild's parents are willing, they can create a power of attorney that gives you temporary authority to make specific decisions for their child. Once power of attorney is signed over, you have whatever legal rights are specified in the document.
Newman, 131 N.C. App. 793, 509 S.E.2d 226 (1998). 1. G.S. 50-13.5(j) states that grandparents may file a motion in the cause in an existing custody case seeking visitation after showing a substantial change of circumstances since entry of the original order.
If two parents cannot agree, the non-custodial parent may file a visitation complaint with the court to request increased visitation time. In some North Carolina districts, the court requires mandatory mediation for parents before the court decides on visitation issues.
