Can grandparents get custody of child so that she can remain in her current school?
Full Question:
Answer:
The answer may depend on whether or not it can be argued that it is in the best interest of the child not to be in the custody of her mother or father. Whether or not a grandparent is given custody (the right to care and provide for the child) does not necessarily depend on where the grandparent resides.
In North Carolina, a “third party” is anyone other than a parent (natural or adoptive). If you want to file a lawsuit for child custody and are a third party, you need to first meet a difficult “threshold” standard: a constitutional presumption in favor of a parent’s right to choose with whom a child associates and how that child is cared for. The assumption of our courts is that a parent will make good choices for his or her children.
Therefore, if a grandparent (or any other “third party”) seeks custody, he or she must
demonstrate that the parents have been acting in a way that is inconsistent with the
presumption. That does not mean that a grandparent must show that the parents’ rights have been terminated by a court, nor does it meant that abuse, neglect or abandonment have been found by DSS. But there must, at a minimum, be compelling evidence of parents consistently making decisions that are adverse to the child.
If that hurdle (called “standing”) is met, the grandparent and the parent(s) will both be
considered as possible primary caregivers for the child. The court uses a “best interests” of
the child test in its analysis. It is in then in the judge’s discretion where the child should live.
