It may be difficult in some cases for grandparents in North Carolina to seek custody of their grandchild – or even to establish visitation rights, but an experienced Winston-Salem grandparents’ rights attorney at LAWSMITH, the Law Offices of J. Scott Smith, can help.

In all fifty states, it’s been difficult for grandparents to win visitation rights since 2000 when the U.S. Supreme Court struck down a state law in Washington that allowed courts to order visitation for grandparents if a court believed that visitation was in the child’s “best interests.”


The U.S. Supreme Court disagreed and held that parents have a paramount and absolute right to raise their children as they please, including the “right to determine with whom their minor children shall associate.”

What this can mean for grandparents is that after a divorce if your son- or daughter-in-law wins sole custody of your grandchild and wants to “cut you out” of that child’s life, that parent has the legal advantage. That doesn’t, however, mean that grandparents have no legal options.


No law in North Carolina directly addresses grandparents or their rights. While grandparents are mentioned in parts of the law that deal with child custody, it’s a difficult set of laws to interpret, and grandparents who are considering legal action will need a good family law attorney’s help.

Because a parent’s rights come first under the law, winning grandparental visitation rights can be a daunting legal challenge. In cases where both parents do not want the grandparents to have visitation, egregious circumstances would have to be presented and proven to the court.

What’s The Best Hope For Grandparents Seeking Visitation Rights?

Still, there are exceptions; every family and every family law case is different. These cases can be complicated, but the best hope for grandparents who are seeking visitation rights in North Carolina is to be advised and represented by an experienced Winston-Salem family law attorney.

If you are persuaded that your grandchild’s parents are unfit parents, discuss your case at once with an experienced Winston-Salem grandparents’ rights attorney at LAWSMITH. What you define as negligent or unfit parenting may not meet the legal definitions for neglect or unfitness.

Here’s How The Legal Team At Lawsmith Can Help

Due to the personal and sensitive nature of these cases, a grandparent will need an attorney who will listen attentively to your concerns and offer the sound advice that you’ll need. At LAWSMITH, we know that each family law case is unique and needs personalized attention.

At LAWSMITH, the Law Offices of J. Scott Smith, every family law client works directly with an experienced Winston-Salem family law attorney. We answer all of your questions and address all of your legal concerns. A good lawyer’s help is your basic legal right.

Contact Lawsmith Now For The Legal Guidance You Need

In the Winston-Salem or Greensboro area, if you are a grandparent who is seeking custody or visitation rights – or simply seeking answers – call LAWSMITH, the Law Offices of J. Scott Smith, at 336-306-8644 – or fill out the contact form here on our website – at once.

Our offices are at 250 Executive Park Boulevard, Suite 100 in Winston-Salem, and at 204 Muirs Chapel Road, Suite 104 in Greensboro. We will fight for your grandchildren and for your rights.