Charlotte, NC asked in Child Custody for North Carolina

Q: Do grandparents get rights in North Carolina?

I have a 13 month old baby girl. Her dad and I recently separated. He is threatening to take me to court so that his dad and stepmom can have rights to our baby. I don’t want my baby anyone near those people and they have disrespected me in so many ways. I’m not keep her away from her dad though, just his dad and step mom. This is why we broke up. Because he wants them to see her and be apart of her life. I know grandparents don’t have rights in NC but what would happen if my baby’s dad were to get joint custody? Could he take her to see his dad and step mom while she’s under his care? Or would he not be allowed to? Because I don’t want my daughter near those people. Not to mention my baby’s dad is an addict. He loves to drink and is also addicted to nicotine. He drove drunk with our daughter recently and I went off. I don’t trust him being with our daughter alone with his addictions.

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1 Lawyer Answer
Mr. Albert Loch Saslow
Mr. Albert Loch Saslow
  • Divorce Lawyer
  • Greensboro, NC
  • Licensed in North Carolina

A: A typical custody order that gives one parent "x" amount of custodial time and the other parent "y" amount of custodial time does NOT have any restrictions about what each parent can do with their respective time. So there is always the real chance that the other parent will take the child somewhere that you don't like or surround the child with people that you don't like.

If the situation is extreme enough, you could get a custody order that specifies that one parent is not to take the child around a certain person (or persons). Of course it is difficult to enforce this type of provision as you may have a hard time figuring out if they are actually complying with those terms.

In your case you could request that the court specify that the father is to supervise any time with his parents, and that his parents aren't allowed to transport the minor child. But you will have to prove to the court why this unique language is necessary.

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