Grandparents’ Rights Attorney in Raleigh, NC

When a parent is unwilling or unable to maintain a healthy relationship between their child and the child’s grandparents, the consequences can be heartbreaking. In North Carolina, grandparents may have legal avenues to protect and maintain their bond with a grandchild—especially during or after a custody dispute. At Gantt Family Law, we help grandparents across Raleigh, Durham, Apex, and Sanford assert their rights and navigate the complex legal path toward visitation or custody.

While North Carolina law does not grant automatic visitation rights to grandparents, there are important legal exceptions. Our attorneys understand the delicate nature of these cases and work closely with families to pursue outcomes that serve the best interest of the child while honoring the role grandparents play in a child’s life.

If you’re a grandparent seeking visitation or custody in the Triangle area, contact Gantt Family Law online or call us directly at 984-326-3302 to learn your options and protect your place in your grandchild’s future.

Understanding Grandparents' Rights in North Carolina

In general, North Carolina law prioritizes the rights of biological and adoptive parents. However, grandparents may petition for visitation or custody under specific legal circumstances.

You may have legal standing if:

• A custody case is already pending between the child’s parents
• You can show a substantial existing relationship with the child
• There are concerns about the child’s well-being or parental fitness
• One or both parents are deceased or have lost parental rights
• The child’s environment poses emotional or physical harm

Every case is highly fact-specific, and courts consider a variety of factors when determining whether a grandparent should be granted visitation or custody. The guiding standard remains the best interest of the child.

When Can Grandparents Seek Custody or Visitation?

There are two primary situations in which a grandparent may have standing to request court-ordered time with a grandchild:

1. During an Ongoing Custody Dispute

If the child’s parents are engaged in an active custody case, grandparents can petition to intervene and request visitation rights.

2. When the Parents Are Unfit or Absent

If a grandparent can demonstrate that the parents are unfit, unwilling, or unable to care for the child, they may be able to seek custody—especially when the grandparent has been a primary caregiver or has established a strong emotional bond.

Our team is experienced in these nuanced situations and can help determine whether you have standing to bring a case. Learn more about child custody matters and how they relate to grandparent interventions.

How Our Raleigh Grandparents’ Rights Lawyers Can Help

At Gantt Family Law, we recognize that cases involving grandparents’ rights often carry emotional complexity and urgency. Our attorneys bring clarity, compassion, and legal strength to help you navigate this difficult path.

Our services include:

• Evaluating your legal standing to bring a petition
• Assisting with motions to intervene in ongoing custody cases
• Preparing evidence of existing relationships or caregiving roles
• Representing you in family court proceedings
• Pursuing temporary or permanent custody if warranted

We advocate for grandparents in Wake, Durham, and Lee counties and understand the local court preferences in Raleigh, Durham, Apex, and Sanford.

Explore more of our work in family law and how we help families stay connected during legal transitions.

Challenges and Considerations in Grandparent Visitation Cases

Unlike parents, grandparents do not have constitutional rights to custody or visitation. As a result, these cases often hinge on demonstrating:

• An established, beneficial relationship with the grandchild
• A disruption to the relationship that harms the child emotionally or developmentally
• That visitation is in the child’s best interest and does not override parental rights

Our team can also help you evaluate whether a change in circumstances—such as domestic violence in the home—may affect your ability to gain time with your grandchild.

If you’re concerned about losing contact with a grandchild, or you’ve played a significant parenting role, it’s critical to get legal guidance early. We can help you build a compelling case.

Frequently Asked Questions

Can I file for visitation rights if the parents are still together?
Typically no, unless there's an existing custody action. North Carolina law does not allow grandparents to initiate visitation claims independently if the parents are married and raising the child together.

What if my grandchild has lived with me for an extended time?
This may help establish that you've served as a de facto parent. In such cases, you may be eligible to petition for custody, especially if the parents are absent or unfit.

Can a parent prevent me from seeing my grandchild?
Yes—unless a court order is in place, a parent may deny contact. That’s why seeking a legal order is essential if visitation is being withheld unreasonably.

What do judges consider in these cases?
Judges look at the child’s best interest, the strength of the grandparent-grandchild bond, and whether visitation would disrupt the parent-child relationship.

Do I need an attorney to pursue grandparents' rights?
Yes. These cases are legally complex and require detailed knowledge of North Carolina family law. An experienced attorney improves your chance of success.

Preserve Your Role in Your Grandchild’s Life

Grandparents often provide love, stability, and continuity in a child’s life—especially during times of family change. If you're worried about losing contact or want to take legal steps to protect your relationship, our team is here to help.

Gantt Family Law serves families across Raleigh, Apex, Durham, and Sanford with strategic representation and a deep understanding of family law in the Triangle region.

Visit our contact page or give us a call at 984-326-3302 to schedule a confidential consultation and explore your rights as a grandparent under North Carolina law.