Grandparents often provide essential stability in a child’s life. When legal intervention becomes necessary, however, pursuing custody or visitation requires careful navigation of state law, constitutional protections for parents, and a demanding evidentiary standard. These cases are among the most sensitive in family court, requiring disciplined strategy, precise legal analysis, and experienced counsel.
This guide explains how grandparent custody and visitation cases work in North and South Carolina, how courts evaluate standing and evidence, and how to select trusted legal representation. At Collins Family & Elder Law Group, we approach these matters with calm judgment, child-centered advocacy, and respect for the constitutional framework that governs family relationships.
Understanding Grandparent Custody and Visitation
Grandparent custody places legal responsibility for a child’s care, education, and medical decisions with the grandparent.
Grandparent visitation allows scheduled contact while legal custody remains with a parent or other custodian.
Courts distinguish carefully between these remedies because parental rights are strongly protected under both state and federal law.
Key concepts include:
- Kinship care: Placement of a child with relatives, often preferred when stability is threatened
- Best interests of the child: The standard courts apply once legal standing is established
- Parental presumption: Fit parents are presumed to act in their child’s best interests
Because these cases implicate constitutional rights, legal representation is essential from the outset.
Legal Standing: When Grandparents May File
Standing is the legal right to bring a case. Courts address standing before evaluating what arrangement is best for the child.
Standing depends on specific statutory pathways and factual circumstances, which differ by state and by case posture.
Standing Snapshots by State
Scenario | North Carolina | South Carolina |
Ongoing custody case | Grandparents may seek visitation by motion or intervention; stand-alone suits against intact families are generally barred | Visitation may be permitted where parents are divorced, separated, or living apart |
Death, incarceration, or absence of a parent | May support visitation; nonparent custody requires proof of unfitness or conduct inconsistent with parental rights | Statute permits visitation in limited circumstances; custody requires unfitness or extraordinary circumstances |
Alleged parental unfitness or safety concerns | Court must first find unfitness or inconsistency with parental rights before best-interest analysis | Court must find unfitness or compelling circumstances |
Child welfare or foster care involvement | Kinship placement may be favored depending on DSS posture | Kinship placement may be preferred, subject to statutory and procedural requirements |
Important: If standing is not established, the court cannot proceed—regardless of the strength of the underlying facts.
How Courts Evaluate Grandparent Custody and Visitation
Once standing is established, courts evaluate the child’s best interests, considering factors such as:
- Stability of the home and caregiving routines
- Emotional bonds and continuity of care
- Educational and medical needs
- The child’s adjustment and well-being
Judges may rely on guardian ad litem reports, school and health records, therapy notes, and testimony from neutral witnesses.
Parental rights receive heightened constitutional protection. In Troxel v. Granville, the U.S. Supreme Court held that a fit parent’s decision regarding visitation must receive “special weight.” As a result, grandparents must present clear, child-focused evidence to overcome the parental presumption.
Evidence That Matters Most
Courts respond to organized, corroborated facts, not general concerns or emotional appeals.
Effective evidence often includes:
- Daily caregiving records: overnights, transportation, meals, homework
- School involvement: attendance, conferences, activities
- Medical documentation: appointments, medication management
- Financial and practical support: receipts, childcare costs
- Neutral witnesses: teachers, pediatricians, coaches, neighbors
A trauma-informed approach is essential. Effective advocacy emphasizes stability, routine, and safety—without disparaging parents or escalating conflict.
Jurisdiction and Forum Considerations
Jurisdiction typically depends on the child’s residence and any existing custody orders. When multiple courts or states are involved, counsel may seek transfer of venue or coordination between courts.
Early procedural accuracy matters. Filing in the wrong forum can delay or derail a case.
Selecting the Right Attorney for Grandparent Representation
Grandparent custody and visitation cases require specialized family-law experience, not general practice.
What to Evaluate
Criterion | What Matters | Questions to Ask |
Specialization | Regular handling of grandparent cases under NC/SC law | How many similar cases have you handled recently? |
Strategy | Clear plan for standing and evidence | How will you establish standing and meet the parental presumption? |
Courtroom skill | Motion practice, mediation, trial readiness | What motions or experts do you anticipate? |
Cultural competence | ICWA or tribal issues when applicable | Have you handled ICWA-related matters? |
Support resources | Connections to kinship and caregiver programs | What support services can you connect us to? |
At Collins Family & Elder Law Group, we combine litigation readiness with careful negotiation, coordinating legal, financial, and support resources to stabilize families and protect children.
The Legal Process: What to Expect
A typical grandparent custody or visitation case includes:
- Filing or intervention with a verified petition
- Judicial determination of standing
- Evidence gathering and discovery
- Court-ordered mediation where required
- Hearing or trial on custody or visitation
Complex cases can take time, particularly when expert evaluations are involved. Preparation and patience are critical.
Emergency and Safety Situations
If a child faces immediate risk, courts may issue emergency custody or protective orders. Documentation is essential. In urgent circumstances, law enforcement or child protective services should be contacted, and counsel should act quickly to secure court intervention.
Frequently Asked Questions
Can grandparents file for custody if both parents are alive?
Yes, but only in limited circumstances. Courts generally require proof of parental unfitness or conduct inconsistent with parental rights before considering custody.
Is visitation easier to obtain than custody?
Visitation has a lower threshold than custody, but grandparents must still establish standing and overcome the parental presumption.
Does a child’s preference matter?
Courts may consider a child’s wishes depending on age and maturity, but no child decides custody.
How long do these cases take?
Timelines vary widely. Some resolve within months; others take years depending on disputes, experts, and court schedules.
Do grandparents need an attorney?
Given the constitutional issues and procedural complexity, legal representation is strongly recommended.
Can these cases settle without trial?
Yes. Many resolve through mediation when supported by strong evidence and disciplined negotiation.
Legal Disclaimer
This article is for general informational purposes only and does not constitute legal advice. Grandparent custody and visitation outcomes depend on specific facts, state law, and judicial discretion. Consult a qualified attorney regarding your individual circumstances.
