Child Custody & Visitation Attorney for Grandparents and Relatives
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Kirkman Attorneys at Law
All too often a parent is unable to provide a safe and stable home for a child. Whether the parent’s problem relates to alcohol or drug abuse, criminal activity, mental illness, or disability, grandparents and relatives of the child might want to intervene on the child’s behalf. If you are a grandparent, aunt, uncle, sibling, or another adult relative of a child who might need your continuing care, contact the experienced custody lawyers at Kirkman Attorneys at Law for dependable advice and representation about your rights and options.
In North Carolina, relatives and grandparent’s rights to custody of a child are conditioned upon certain circumstances. If the child’s parents are unfit to parent the child, have abused the child, have neglected the welfare of the child, have abandoned the child, or otherwise acted inconsistent with the rights and responsibilities of a parent, then relatives and grandparents have the right to bring the parent’s conduct to the court’s attention and request that the court award custody of the child to the relative and/or grandparents. There is a multitude of conduct and circumstances by parents which would qualify as having been inconsistent with the rights and responsibilities the law expects of parents. Examples of such conduct include drug addiction and/or abuse, alcohol abuse, arrest or conviction of a crime, commission of acts of violence, being involved with a physically abusive partner, failing to maintain adequate housing for the child, and failing to provide for the child’s necessary needs among others.
Relative and Grandparent custody cases are often challenging, and relatives and grandparents who wish to seek custody of a child should consult with a lawyer who is familiar with what are known in the legal community as “third-party custody cases.” A lawyer can help grandparents and relatives fully consider their chances for success and how to improve those chances. The custody lawyers at Kirkman Attorneys at Law have handled and tried a multitude of third-party custody cases involving grandparents and relatives. It is important to have an experienced attorney on your side, contact the lawyers at Kirkman Attorneys at Law today to ensure availability.
Grandparent Visitation Rights.
Additionally, under North Carolina law, grandparents (but not other relatives) have rights to visitation with their grandchildren when the children’s parents are engaged in a custody dispute before the North Carolina Courts. For a grandparent to exercise these rights, the grandparent must file a motion with the Court formally requesting their rights under North Carolina law. Grandparents can make this request without having to prove or establish that the parents or unfit or otherwise unable to care for their children.
Legal Issues for Grandparents and Relatives Raising Children.
When you decided to take in your grandchild, niece, nephew, or other children, you probably did not think much about the legal implications, but rightfully focused on doing what was best for that child at the moment. If a child is living with you, without a court order placing the child with you, you have no legal right or authority to make decisions for the child. You may find that you have trouble enrolling the child in school, obtaining the child medical assistance, and access the child’s records that are essential to the proper care of a child. Contact the custody lawyers at Kirkman Attorneys at Law today to learn more about your rights, responsibilities, and protections. Establishing legal custody of the child will give you the most legal rights and protections. The experienced Greensboro custody lawyers at Kirkman Attorneys at Law can help guide you through the process to ensure that you have the abilities necessary to care for the children you have taken into your home.