Friday, February 2, 2018

Grandparent Custody Durham NC And Mediation

By Christine Roberts


When it comes to divorce, there can often be good and bad results. In some cases, grandchildren get caught up in the process. As such, grandparents often have issues when it comes to custody or visitation. Most often, these issues arise when a stepparent adopts the child, thus eliminating the rights to the custodial parent and grandparents. As such, there are now new laws being looked at with regards to Grandparent Custody Durham NC.

Now emerging as one of the biggest issues in family law, it is an important one. For, the bond between grandchildren and grandparents is an important and special one. Still, these relationships can often be the first casualties when it comes to separation or divorce.

When it comes to divorce, it can often be difficult to provide for visitation with grandparents. For, most often there is a custodial and non-custodial parent. While some can work together to provide joint custody, this is not always the case. As such, with already having to plan time for visitation, non-custodial parents can often fail to include time for visiting the parents of either spouse.

With all going on in the world, more and more grandchildren are being raised by grandparents. In fact, many have full custody of children whom have been caught up in families dealing with domestic abuse and drug addiction. Whereas, there are others whom have been removed from homes due to alcoholism and child abuse.

Currently, the main issue with regards to the rights of grandparents is visitation rights after divorce or separation. While this is the case, North Carolina allows for grandparents to litigate for visitation rights even when both parents object. In some cases, grandparents can now litigate to have the child legally reside in the home and obtain child support.

A number of states are now looking at creating laws related to custodial and non-custodial custody in this area. For, whether to maintain an ongoing relationship, or have the grandparents provide full-time care, either can be of importance to the overall health and well-being of children. As such, many states are looking at the possibility of establishing and passing these laws sooner rather than later.

In the process, grandparents must often answer several questions, along with proof that the individuals can provide a caring, loving and safe home. In addition, the court often reviews the relationships between parents and grandparents, grandchildren and grandparents and whether or not the children have been spending time with grandparents. When grandchildren have an ongoing relationship with grandparents, it is more likely visitation rights will be granted to those individuals.

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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