Mediation And Grandparent Custody Durham NC

By Christine Roberts


Separation and divorce are often proceedings which are hardest on children living in the home. In addition, while many of these children are close with grandparents, most lose touch during the process. As such, there are now people fighting for custodial and visitation rights with regards to Grandparent Custody Durham NC.

Grandparents are often the first casualty when it comes to children experiencing the effects of separation or divorce. In other cases, such as alcoholism and child abuse, grandparents can often be the first asked to take care of grandchildren. For, in these instances, it can often take some time before children can be returned to parents, whether parents going through rehabilitation and treatment, in jail or hospitalized due to an injury or illness.

Once custody visitation plans and custody battles are resolved, grandchildren and grandparents often lose touch. While this is the case, it is no one's fault. For, up until recently there had been no laws with regards to custody or visitation rights of grandparents. Whereas, it is now hopeful that grandparents in other states like those in NC can now fight for these rights.

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.

When it comes to divorce and separation, most grandparents have no rights when it comes to custodial or non-custodial custody. Some states like North Carolina now have laws related to visitation rights though custody rights are still in limbo. While this is the case, there are now some cases in which grandparents can litigate to have grandchildren live in the home, and if full-time, receive child support in North Carolina.

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.

Grandparents can now litigate for a change of residence of grandchildren, and request legal visitation rights in North Carolina. While this is the case, these individuals must do so at the beginning of a qualified proceeding such as divorce, separation or nullity. Whereas, in cases related to domestic abuse or drug addiction, the court is often in charge of placing children in a safe environment, which in many cases can be with grandparents.

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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