samedi 17 février 2018

Mediation And Grandparent Custody Durham NC

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.

Grandparents are often the first casualty when it comes to children experiencing the effects of separation or divorce. In other cases, such as alcoholism and child abuse, grandparents can often be the first asked to take care of grandchildren. For, in these instances, it can often take some time before children can be returned to parents, whether parents going through rehabilitation and treatment, in jail or hospitalized due to an injury or illness.

For, when custody battles are over and visitation plans finalized, grandmothers and grandfathers often lose touch with the grandchildren. While this is no one's fault, the grandchildren can often have a hard time understanding this new reality.

Many more grandparents are supporting grandchildren than ever before in history. Whether having full custody, or taking care of children while parents are at work, most have more responsibility than others have had in the past. In fact, issues related to alcoholism and drug addiction have basically orphaned children and grandparents have stepped in to save a grandchild or grandchildren from being placed in the foster care system.

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 deciding how to create guidelines which will allow for visitation with grandparents, including children from broken homes. North Carolina is included in looking at the options available to make this a reality sooner rather than later. For, grandparents can often provide the care and love these children so desperately need, especially when parents are going through a difficult separation or divorce.

When considering the rights of the grandparents, courts often consider the relationships between parents and grandparents, grandparents and grandchildren and whether grandchildren have been spending time with grandparents. If not, then the court often sets a trial period, then will provide a review to determine whether or not legal visitation rights will be granted. If the grandchildren have an ongoing relationship with the grandparents, this is often more likely be the case.

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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