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.
Many more grandparents are supporting grandchildren than ever before in history. Whether having full custody, or taking care of children while parents are at work, most have more responsibility than others have had in the past. In fact, issues related to alcoholism and drug addiction have basically orphaned children and grandparents have stepped in to save a grandchild or grandchildren from being placed in the foster care system.
Rather than being placed in foster homes, and possibly split up, many of these children have been placed with grandparents whether on a full-time or temporary basis. For, whether parents go to jail or go through treatment and rehabilitation, these children are often left in limbo. Since grandparents can often provide the care and love these children so desperately need, most often these are the first relatives asked to take care of the children.
A number of states are now deciding how to create guidelines which will allow for visitation with grandparents, including children from broken homes. North Carolina is included in looking at the options available to make this a reality sooner rather than later. For, grandparents can often provide the care and love these children so desperately need, especially when parents are going through a difficult separation or divorce.
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 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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