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.

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 currently in the process of deciding how to frame guidelines with regards to custodial care by grandparents. For, even children from broken homes need the care which these individuals can best provide. As such, North Carolina and other states are now looking at options related to providing custodial and visitation rights to grandparents.

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 the process of considering these rights, courts often consider a number of factors. In most cases, these include the relationships of all parties involved and whether or not the grandchildren have had ongoing visits with grandparents. If so, then most often the court will order mediation to determine the best possible visitation plan with all whom are granted custody. After which, those individuals will meet with a mediator to finalize the details.




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