Petition for Grandparent Visitation

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00 CASE CAPTION

Filing County *

File No. (if assigned)

Respondent / Parent 1 Name *

Respondent / Parent 2 Name (if applicable)

01 PETITIONER (GRANDPARENT) INFORMATION

Grandparent Full Legal Name *

Relationship to Child(ren) *

Grandparent Address *

02 CHILD(REN) INFORMATION

03 PARENTS' INFORMATION

PARENT 1

Parent 1 Full Name *

Status

Parent 1 Address

PARENT 2

Parent 2 Full Name

Status

Parent 2 Address

04 BASIS FOR PETITION

G.S. 50-13.2(b1) requires at least one of the following to apply. Check all that apply.

The parents are separated and living apart (but not yet divorced) The parents are divorced One or both parents are deceased The child has been adopted by a stepparent (and the petitioner is the grandparent of the biological parent through whom the relationship exists)

05 EXISTING RELATIONSHIP WITH CHILD

Describe the established relationship between Petitioner and the child(ren) *

06 VISITATION SCHEDULE REQUESTED

Proposed Visitation Schedule *

Any Special Conditions or Limitations

07 BEST INTERESTS OF THE CHILD

NC courts presume fit parents act in their child's best interests (Troxel v. Granville, 530 U.S. 57 (2000)). You must specifically show how visitation benefits the child AND why any parental objection is unreasonable.

How Does Visitation With Petitioner Serve the Child's Best Interests? *

08 PARENTAL OBJECTION (IF ANY)

Has the parent objected to grandparent visitation?

⚠ TROXEL WARNING

Troxel v. Granville, 530 U.S. 57 (2000), and NC courts presume that fit parents act in their child's best interests. A parent's refusal to allow grandparent visitation is presumed correct.

Petitioner must show BOTH:
1. Visitation is in the child's best interests, AND
2. The parent's refusal is unreasonable under the circumstances.

A general preference is not enough — you need an established relationship and specific facts showing harm to the child from denial.

STATUTORY REFERENCE

G.S. 50-13.2(b1)Grandparent visitation rights

G.S. 50-13.2(a)Best interest of child standard

G.S. 50-13.5Custody jurisdiction / procedure

530 U.S. 57Troxel v. Granville (2000)

WHEN CAN GRANDPARENTS PETITION?

Parents are separated (living apart but not divorced)
Parents are divorced — the action may be joined with or brought after the divorce
One or both parents are deceased
Child has been adopted by a stepparent and petitioner is grandparent through the biological parent
NOTE: If both parents are alive, married, and living together, grandparent visitation petitions are generally not available under NC law

WHAT THE COURT CONSIDERS

The nature and quality of the grandparent-child relationship
The length and consistency of the relationship
The effect of visitation on the child's relationship with the parent
The parent's reasons for denying visitation
The child's own preferences (if age appropriate)
Geographic distance and logistics

NEED LEGAL HELP?

Grandparent visitation petitions face a high legal bar. An attorney can help you present the strongest case.

BARKER RICHARDSON, PLLC →