Grandparent Visitation Petition - North Carolina

PETITION / MOTION FOR GRANDPARENT VISITATION

(North Carolina — N.C. Gen. Stat. §§ 50-13.2(b1), 50-13.2A, 50-13.5(j))

IMPORTANT — INTACT-FAMILY LIMITATION. North Carolina does not permit a grandparent to bring a standalone action for visitation with a child living in an intact family with fit parents. McIntyre v. McIntyre, 341 N.C. 629, 461 S.E.2d 745 (1995). Confirm that one of the statutory routes in Section III applies before proceeding.

I. PARTIES

1.1 Petitioner/Movant — Grandparent(s)

Co-Petitioner (spouse / other grandparent), if applicable:

1.2 Respondent(s) — Parent(s) / Custodian / Adoptive Parent

1.3 The Minor Child

II. JURISDICTION AND VENUE

2.1 Subject-matter jurisdiction. This Court (District Court Division) has jurisdiction over child custody and visitation under Chapter 50 of the North Carolina General Statutes.

2.2 UCCJEA home state. North Carolina is the home state of the minor child under the Uniform Child-Custody Jurisdiction and Enforcement Act, N.C. Gen. Stat. §§ 50A-101 et seq., because:

☐ The child has lived in North Carolina with a parent or person acting as a parent for at least six (6) consecutive months immediately before the filing of this Petition/Motion; or

☐ North Carolina was the child's home state within six (6) months before filing and a parent or person acting as a parent continues to live in this State; or

☐ Other basis: [____________]

2.3 Venue. Venue is proper in [COUNTY] County because the minor child resides in this county.

2.4 Status of any custody proceeding.

☐ There is an ongoing custody dispute between the parents/other parties (route under § 50-13.2(b1)) — Case/File No.: [____________].

☐ Custody has already been determined by prior order (route under § 50-13.5(j)) — Case/File No.: [____________]; Date of Order: [__/__/____].

☐ The child has been adopted by a stepparent or relative (route under § 50-13.2A).

☐ There is no custody proceeding and the child lives in an intact family — STOP. Standing is barred under McIntyre. [____________]

III. STANDING — STATUTORY ROUTE

3.1 Petitioner/Movant has standing under one of the following (check the applicable route):

☐ Route A — § 50-13.2(b1) (visitation within an ongoing custody order). A custody action between the parents or other parties is pending. The Court may, in its discretion, provide visitation rights for a grandparent of the child as part of the custody order. Petitioner seeks to be joined in / to intervene in that custody action.

☐ Route B — § 50-13.5(j) (motion in the cause; changed circumstances). Custody of the minor child has already been determined. Upon a motion in the cause and a showing of a substantial change of circumstances under N.C. Gen. Stat. § 50-13.7, the grandparents are entitled to such custody or visitation rights as the Court, in its discretion, deems appropriate.

☐ Route C — § 50-13.2A (grandchild adopted by stepparent or relative). Petitioner is a biological grandparent, the child has been adopted by a stepparent or a relative of the child, and a substantial relationship exists between Petitioner and the child.

3.2 Statutory exclusion (must NOT apply). Petitioner affirms that the child has NOT been adopted by adoptive parents, neither of whom is related to the child, where the parental rights of both biological parents have been terminated. (If that exclusion applies, no visitation right exists under any of these statutes.)

☐ The exclusion does not apply.

3.3 Facts supporting the route selected above:

[____________________________________________________________]

IV. FACTUAL ALLEGATIONS

4.1 Substantial relationship / history. Petitioner has had a substantial and significant relationship with the minor child, as follows:

[____________________________________________________________]

4.2 Change of circumstances (Route B only). If proceeding under § 50-13.5(j), the substantial change in circumstances since the prior custody order is:

[____________________________________________________________]

4.3 Circumstances leading to this Petition/Motion. Visitation has been denied or unreasonably limited, as follows:

[____________________________________________________________]

V. CONSTITUTIONAL AND STATUTORY STANDARD

5.1 Special weight to a fit parent's decision (Troxel). Petitioner acknowledges that parents have a fundamental constitutional right to make decisions concerning the care, custody, and control of their children, and that a fit parent's decision regarding visitation is entitled to special weight, supported by a presumption that a fit parent acts in the child's best interests. Troxel v. Granville, 530 U.S. 57 (2000).

5.2 Intact-family bar. Petitioner acknowledges that North Carolina does not authorize court-ordered grandparent visitation over the objection of fit parents in an intact family, and that standing exists only through one of the statutory routes in Section III. McIntyre v. McIntyre, 341 N.C. 629, 461 S.E.2d 745 (1995).

5.3 Best-interest standard. Where one of the statutory routes applies, the Court grants visitation in its discretion as will best promote the interest and welfare of the child, supported by written findings of fact (N.C. Gen. Stat. § 50-13.2(a)). Under § 50-13.2A, the Court may award visitation if it determines visitation is in the child's best interest.

VI. BEST INTEREST OF THE CHILD

6.1 Petitioner alleges, and is prepared to prove, that visitation is in the child's best interest, considering:

☐ The substantial relationship and emotional ties between Petitioner and the child: [____________]

☐ The benefit to the child of maintaining a relationship with Petitioner: [____________]

☐ Petitioner's willingness to support, and not interfere with, the parent-child (or adoptive-family) relationship: [____________]

☐ The stability and welfare of the child: [____________]

☐ Any safety or health considerations: [____________]

6.2 Child's preference (if of sufficient age and maturity).

☐ The child has expressed a desire to maintain a relationship with Petitioner: [____________]

☐ The child is too young to express a preference.

VII. PROPOSED VISITATION SCHEDULE

7.1 Regular visitation. Petitioner requests:

☐ Weekly: [____________] ☐ Monthly: [____________] ☐ Other: [____________]

7.2 Holidays and special occasions.

7.3 Transportation / exchange. [____________]

7.4 Communication (including electronic visitation under § 50-13.2(e)). [____________]

VIII. PRAYER FOR RELIEF

WHEREFORE, Petitioner/Movant respectfully requests that this Court:

A. Find that Petitioner has standing under the statutory route identified in Section III (§ 50-13.2(b1) / § 50-13.5(j) / § 50-13.2A);

B. Find, after according the fit parent's decision the special weight required by Troxel, that grandparent visitation is in the best interest of the minor child;

C. Enter an order granting Petitioner reasonable visitation with the minor child pursuant to the schedule in Section VII, or as the Court in its discretion deems appropriate;

D. Make written findings of fact in support of its determination;

E. Tax the costs of this action as the Court deems just; and

F. Grant such other and further relief as the Court deems just and proper.

IX. VERIFICATION

STATE OF NORTH CAROLINA )
COUNTY OF [____________] )

I, [PETITIONER NAME], being first duly sworn, depose and say that I am the Petitioner/Movant in this action; that I have read the foregoing Petition/Motion; and that the facts stated therein are true to the best of my knowledge, information, and belief.

_________________________________
[PETITIONER NAME], Petitioner/Movant

Sworn to and subscribed before me this ___ day of __________, 20___.

_________________________________
Notary Public
My Commission Expires: ___________

X. SIGNATURE

Respectfully submitted this ___ day of __________, 20___.

_________________________________
[PETITIONER NAME], Pro Se
OR
_________________________________
[ATTORNEY NAME], N.C. State Bar No. [____________]
[FIRM NAME]
[ADDRESS] | [PHONE] | [EMAIL]
Attorney for Petitioner/Movant

XI. NOTICE TO RESPONDENT

TO THE RESPONDENT(S): A pleading seeking grandparent visitation has been filed. You are required to file a written response with the Clerk of Superior Court (Civil) within the time allowed by the Rules of Civil Procedure or by any order of the Court, and to serve a copy on Petitioner or Petitioner's attorney. If you fail to do so, the Court may grant the relief requested. You have the right to be represented by an attorney.

XII. CERTIFICATE OF SERVICE

I certify that on [__/__/____] a true and correct copy of the foregoing Petition/Motion (and accompanying UCCJEA affidavit) was served upon each Respondent by ☐ personal service ☐ certified mail, return receipt requested ☐ sheriff ☐ other [____________], at the address(es) listed above.

_________________________________
[PETITIONER / ATTORNEY SIGNATURE]

SOURCES & REFERENCES

• N.C. Gen. Stat. § 50-13.2(b1) — within a custody order, the court may provide visitation rights for any grandparent "as the court, in its discretion, deems appropriate"; "grandparent" includes a biological grandparent of a child adopted by a stepparent or relative where a substantial relationship exists; excludes biological grandparents where the child is adopted by unrelated adoptive parents and both biological parents' rights are terminated.
• N.C. Gen. Stat. § 50-13.2A — a biological grandparent may institute an action for visitation with a child adopted by a stepparent or a relative where a substantial relationship exists; the court may award visitation if in the child's best interest; same exclusion for unrelated adoptive parents.
• N.C. Gen. Stat. § 50-13.5(j) — in an action where custody has been determined, on a motion in the cause and a showing of changed circumstances under § 50-13.7, grandparents are entitled to such custody or visitation as the court deems appropriate.
• N.C. Gen. Stat. § 50-13.1(a) — who may institute a custody action (grandparent custody requires unfitness / acts inconsistent with parental status).
• McIntyre v. McIntyre, 341 N.C. 629, 461 S.E.2d 745 (1995) — § 50-13.1(a) does not grant grandparents the right to sue for visitation when there is no custody proceeding (intact-family bar).
• N.C. Gen. Stat. §§ 50A-101 et seq. — UCCJEA; § 50A-209 (affidavit).
• Troxel v. Granville, 530 U.S. 57 (2000) — fit parent's decision entitled to special weight.

This Petition/Motion is a preparation aid only. North Carolina grandparent visitation is sharply limited: there is generally no standing absent an ongoing or prior custody case (or a qualifying stepparent/relative adoption), and a grandparent cannot obtain visitation over the objection of fit parents in an intact family. Confirm the correct statutory route and consult a licensed North Carolina family law attorney before filing.