North CarolinaChild Visitation Laws
North Carolina Child Custody Guide :: Table of Contents
What is child visitation?In the context of a child custody case, visitation is defined as the rights for a non-custodial parent to see their child, or as temporary custody that's been granted for a period of time to an otherwise non-custodial parent or relative.
In general, courts in North Carolina assume that it is beneficial for both biological parents of a child to have shared custody or visitation, unless it is shown to be against the child's best interests. A biological parent who is denied custody may be awarded visitation rights to provide for a relationship between the parent and child.
Visitation by grandparents, family members, or other third-parties is less clear cut in North Carolina, and nationwide. While there are state guidelines regarding third-party visitation in certain situations, these laws are frequently challenged.
Above all else, courts in North Carolina strive to make custody and visitation decisions that are "in the best interests of the child". The court handling each individual visitation case has significant flexibility in determining what arrangement is in the child's best interests. You can read about North Carolina's visitation guildelines on this page.
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The court will decide a request for visitation based on whether granting a parent visitation would be in the "best interests of the child."
What is considered in a child's "best interests" are not outlined under the custody and visitation statute, but rather defined by case law which indicate the following factors are relevant to this type of decision:
- Any History of domestic violence
- The child's overall safety
- The child's current living arrangement
- The child's relationship with each parent
- Each parent's ability to care for the child
- Whether each parent can create a stable home for the child.
A court may grant visitation rights if at least one of the child's parents is deceased or if the court finds that fairness equity demands visitation.
In the state of North Carolina, there are a number of laws regarding child visitation regarding visitation for third-parties other than the biological parents of the child. While state laws regarding third-party visitation have been frequently been challenged in courts, they are a good indication of North Carolina's positions regarding non-parental visitation rights.
Visitation Rights Of Grandparents In North Carolina:
North Carolina has special statutes regarding the child visitiation rights of grandparents under different circumstances. Under state law, the grandparents of children may obtain visitation while the parents are alive, regardless of the parent's marital status.
Regardless of state presumptions regarding grandparent's visitation rights under specific circumstances, a North Carolina court may allow or prevent visitation rights in any situation based on the best interests of the child.
Visitation Rights Of Other Parties In North Carolina:
Are step-parents granted visitation rights in the state of North Carolina?
Generally it is an uphill battle for step-parents seeking visitation rights for a step-child, especially if the biological parents of the child are alive and are opposed to the visitation.
The state of North Carolina does not have any laws that grant child visitation rights to step-parents, which may make applying for visitation significantly harder. In all cases, third-party visitation rights are more likely to be granted by the court if they are deemed to be in the best interests of the child.
Can other interested parties or relatives be granted visitation rights to a child in North Carolina?
Under state of North Carolina law, it is not generally possible for any other interested party other than those specified to be granted child visitation rights. In rare cases this may be overruled by the court.
Can parents be granted visitation rights after termination of parental rights or adoption in North Carolina?
In the state of North Carolina it is possible to be granted visitation rights after termination of parental rights or giving up a child for adoption. This is the case with both biological parents and previous guardians.