There are a few situations in which courts will grant legal visitation rights to grandparents in North Carolina. One is when one of the parents has been confirmed as unfit as a parent or mentally incompetent. Another is when the parents are divorced and they agree to visitation.
According to Findlaw, the courts can grant visitation in these and other situations. Whether they do so or not is based on the best interest of the child. So, the courts will do whatever is in the best interest of the child. Some of the factors that they look at are the child’s preference and this carries more weight based on the maturity and age of the child. Another factor is the length and quality of any prior relationship between the child and the grandparents.
If there was a previous visitation schedule installed, this is a factor that will weigh in favor of grandparents getting visitation. So basically, the courts are always looking to give the child every advantage so that they can live a full and have a happy life. And if the grandparents can show that their presence is a positive, they’ve got a good chance of getting visitation rights.
According to Liveaboutdotcom, if whoever’s trying to deny visitation can show that the grandparent’s presence is a negative or that they hadn’t had a presence in the child’s life up to that point, the grandparents are less likely to get visitation rights or custody. Grandparents could get custody in one of two situations, either when the parents voluntarily relinquish custody of the child or when both of the parents have been deemed to be unfit.