Sometimes, parents experience challenging obstacles that make them unfit to care for their children. Under these circumstances, grandparents might try to gain custody of their grandchildren. North Carolina’s law establishes that a third party, including grandparents, can claim the right to custody of a child. Still, they must go through a complex and challenging legal procedure first.
Proving that the parents are unfit to care for their child
In North Carolina, there is parental preference in custody disputes. This means the court prioritizes parents as primary legal guardians unless proven unfit. If you are a grandparent seeking custody of your grandchildren, you must provide proof of the parent’s inability to care for their children.
It is essential to have solid arguments and demonstrate that it is in the children’s best interests to be under their grandparent’s custody. This could be one of the most challenging steps of the process. If you need help, you can contact an attorney to evaluate your options.
Showing that you can take on a guardian role
If you provided sufficient proof of the parent’s unfitness, the next step is demonstrating that you can take on a guardian role. The court might assess your relationship with the children, living arrangements, and other relevant factors, such as your ability to care for your grandchildren. Ultimately, the court will evaluate the situation and decide what is best for the child.
A custody dispute’s goal is to ensure the children’s well-being. If your grandchild is at risk under their parent’s watch, you could start a petition to gain custody. Still, it is essential to remember that the process can come with obstacles and emotional challenges. A family law attorney can guide you through the process and create a strategy for your case.
