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  1. #1
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    Sep 2016
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    Default How to Prove That Third Party Visitation is in a Child's Best Interest

    Due to the parents' work schedule and limited interest in parenting, they left their son in the care of his aunt for most of the first five years of his life. After the aunt supported her brother (the father) with some marital problems, the mother became angry with the aunt and, although the couple reconciled, they have not let the child have much contact with the aunt since that time. The child is now almost seven.

    The aunt has now been told that she won't be allowed to see the child at all. Can she get a court order for visitation under North Carolina law? They have heard that a third party who has acted in the manner of a parent may be able to get visitation rights.

  2. #2
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    Default Re: How to Prove That Third Party Visitation is in a Child's Best Interest

    Third parties do not normally have the legal right to initiate a custody case against an intact family. Under federal case law, married parents who are not unfit and who have not abandoned their parental role have the right to determine who can and cannot have access to their children. Although North Carolina does permit a third party who is acting in the role of a parent to potentially start a custody case, that applies based upon the present facts of the case, not historic facts -- the aunt may have had a basis to seek custody or visitation rights when the child was four, but the child is six and she has long ceased being the child's caregiver at any level.

    North Carolina law includes provisions for grandparent visitation, but does not specifically recognize any other form of third party visitation. As it stands, unless the parents are provably unfit or choose to let somebody else assume their parental role, the aunt is not in a position to try to get access against the wishes of the parents.

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