North Carolina Adoption Agreement Providing for Visitation Rights by Natural Grandparents

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US-01339BG
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Description

In 2000, in the case of Troxel v Granville, the U.S. Supreme Court addressed the issue of third party rights to seek court-enforced time with children. Within this context, a "third party" is somebody other than the child's parents. The Washington State statute examined in Troxel was not technically a "grandparenting time" statute, as it allowed "[a]ny person" to petition for visitation rights at any time. The Supreme Court held that the Washington statute was overbroad. This decision made clear that there were certain prerequisites that grandparenting time statutes must meet in order to be constitutional.


Following Troxel, many state courts have addressed the constitutionality of their grandparenting time statutes, and many state legislatures have revisited (or are in the process of revisiting) their statutes, either following or in anticipation of court decisions finding them to be wholly or partially unconstitutional.

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FAQ

As a grandparent in North or South Carolina, you have the right to petition the court for visitation rights if a divorce, separation, or death has interfered with your grandchild's family life to the point that his or her parents no longer live together.

Grandparents in North Carolina can seek visitation rights if it is in the child's best interest. While the laws are less explicit than in some states, grandparents can still pursue visitation through the court system.

To file for visitation, file in the South Carolina county where the mother lives with the child. Deliver the forms below, called the pleadings, to the court. They'll keep the original, completed versions. Bring at least two additional copies of each, and ask the clerk to stamp them (called clocking):

When can grandparents make decisions? ing to Dr. Tanner, when parents say they can, when parents are not present, when a child's behavior directly affects them, when a child's safety is at stake or when a child breaks their house rules.

In North Carolina, there is no set age as to when the court will take into consideration the wishes of the child.

If one parent abandons the child and does not visit the child or contribute financially to the child's upbringing for a period of at least six months, you may have grounds to seek a termination of parental rights.

The Grandparents' Rights Association was established in 2009 in Easley, SC with 5 members. Our Director Mr. John Schafer had learned that when a child is removed from the home and the parents loose their parental rights it automatically terminated the rights of all the other family members, including the Grandparents.

Grandparent Visitation in South Carolina Specifically, a grandparent may be entitled to visitation where either of the child's parents are deceased, divorced, or are living separate and apart, and: the child's parents are unreasonably preventing the grandparents from visiting with their child.

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North Carolina Adoption Agreement Providing for Visitation Rights by Natural Grandparents