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Grandparents Rights Attorney in Concord, NC

Cabarrus County Grandparents’ Rights Cases, Handled by Local Counsel

Grandparents seeking time with their grandchildren don’t have an automatic path through North Carolina courts. Standing must be established under one of four specific statutes, and the right approach depends on whether you’re seeking visitation or custody and on the current status of the child’s family. At Lancaster and St. Louis, PLLC, we handle grandparents’ rights cases in Cabarrus County and have appeared in these courts many times over our firm’s history.

Both Hilary St. Louis and LeAnn Lancaster are North Carolina natives who have worked extensively in Cabarrus County family court. Founded in 2010, our firm brings over 30 years of combined experience to every case, and we tailor strategy to each client’s specific circumstances rather than applying a one-size-fits-all approach.

If you’re a grandparent in Concord or the surrounding Cabarrus County area trying to understand your legal options, call us at (980) 705-8372 to schedule a confidential consultation.

How North Carolina Law Defines Grandparent Standing

North Carolina doesn’t have a single statute granting grandparents broad legal rights. Instead, four statutes govern when and how a grandparent may petition for visitation or custody: G.S. 50-13.1(a), G.S. 50-13.2(b1), G.S. 50-13.2A, and G.S. 50-13.5(j). Which statute applies to your situation determines what you must prove and how the case proceeds.

A foundational concept is the intact family doctrine. When a child lives with both married parents and no custody action has been filed, courts generally won’t allow grandparents to seek visitation or custody. The family is considered intact, and parental rights are constitutionally protected.

Standing may become available when the family is no longer intact:

The parents divorce or separate and a custody action is filed
An active custody dispute exists between unmarried parents
The grandchild is adopted by a stepparent or a relative

Once a custody proceeding is open, a grandparent may file a motion to intervene and seek visitation under G.S. 50-13.2(b1) by demonstrating a substantial relationship with the grandchild and that visitation serves the child’s best interest. If a custody order already exists, G.S. 50-13.5(j) allows a grandparent to seek modification by showing a substantial change in circumstances since the original order was entered. When a grandchild has been adopted by a stepparent or relative, G.S. 50-13.2A may allow a biological grandparent to pursue visitation, provided a substantial relationship with the child exists.

One important limitation: if both biological parents’ rights were terminated and the child was adopted by non-relatives, North Carolina doesn’t provide a statutory path for grandparent visitation. All custody determinations, including those involving grandparents, are evaluated under the best interest of the child standard.

Local Counsel with Credentials That Matter in These Cases

Grandparent cases carry emotional weight that sets them apart from other custody disputes. Before committing to litigation, it helps to work with attorneys who understand how Cabarrus County judges approach these cases and what outcomes may be realistic given the specific facts at hand.

Both Hilary and LeAnn are certified family financial mediators through the North Carolina courts. Hilary St. Louis is also a certified parenting coordinator, and LeAnn Lancaster serves as a Guardian ad Litem. These credentials aren’t incidental: North Carolina courts frequently order mediation in custody and visitation disputes, and attorneys who understand both the litigation path and the alternatives courts may favor can help grandparent clients navigate that process more effectively.

Our firm is women-owned, Concord-based, and committed to direct attorney communication. You won’t be passed off to support staff for substantive questions. We offer flexible scheduling and a hands-on approach that keeps clients informed throughout their case. We serve families in Cabarrus County and surrounding areas, including Salisbury.

Discuss Your Situation With a Grandparents’ Rights Attorney

Every grandparent’s situation is different, and the legal options available to you depend on facts that require a close look. We offer confidential consultations by phone or in person at our Concord office so you can get a clear picture of where you stand and what steps may be available.

Contact Lancaster and St. Louis, PLLC at (980) 705-8372 to schedule your consultation. We’re here to help you understand your options and move forward with clarity.

Visitation vs. Custody for Grandparents in North Carolina

Visitation and custody aren’t interchangeable under North Carolina law, and the distinction shapes everything about how a grandparent’s case proceeds. Visitation grants a grandparent scheduled time with the grandchild while the child continues to live with a parent or custodian. Custody means the grandchild would primarily reside with the grandparent, who would also hold decision-making authority over education, healthcare, and upbringing.

Visitation may be the more attainable option. It’s available when an active custody proceeding is open or when an existing custody order can be modified on a showing of changed circumstances since the original order was entered.

Custody is a significantly higher bar. Under G.S. 50-13.1(a), a grandparent seeking custody must demonstrate that a parent has acted inconsistently with their constitutionally protected parental status. Courts have recognized specific circumstances that may support this showing:

Abandonment of the child
A parent’s consent to the grandparent acting as primary caregiver over a meaningful period of time
A finding of parental unfitness based on factors such as drug or alcohol abuse, inability to provide safe housing, failure to financially support the child, or mental instability

Offering a higher standard of living or a different parenting philosophy isn’t sufficient to overcome the legal presumption in favor of natural parents. The 2020 North Carolina Court of Appeals decision in Graham v. Jones reinforced this point and underscored the constitutionally protected status of parents in custody proceedings involving third parties.

What to Expect When Petitioning in Cabarrus County

The procedural path depends on what stage the underlying custody matter has reached. A grandparent seeking visitation in an open custody action files a motion to intervene in that existing case. A grandparent seeking to modify a prior custody order files a motion in the cause under G.S. 50-13.5(j) and must demonstrate a substantial change in circumstances since the original order.

To succeed on a motion to intervene for visitation, courts may consider evidence such as:

The history and depth of the grandparent-grandchild relationship
The grandparent’s ability to provide a stable, safe environment during visits
Any effect the visitation arrangement may have on the child’s relationship with their parents
The child’s own preferences, depending on their age and maturity

One procedural point worth noting: a single-parent household is considered intact under North Carolina law as long as there is no divorce or active custody dispute between parents. A grandparent can’t use the fact that a grandchild is being raised by one parent alone as grounds for seeking court-ordered visitation.

Grandparent custody cases often arise from situations where a child has been living with the grandparent with the knowledge and consent of one or both parents over time. That history can be meaningful evidence in court, as it may support a finding that a parent acted inconsistently with their parental status by ceding day-to-day care and responsibility.

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