This page was written, edited, reviewed & approved by Justin C. Olsinski following our comprehensive editorial guidelines. Justin C. Olsinski, the Founding Partner, has 16+ years of legal experience as an attorney.

At the Olsinski Law Firm, PLLC, we help grandparents in Charlotte and Concord understand when the court can grant visitation and what proof makes a difference. North Carolina law gives parents strong decision-making power, but it also allows courts to award grandparent time in limited situations tied to a child’s best interests. If you are unsure whether you can file or intervene, a Charlotte family law attorney can review your family’s history and explain your options in plain language.

When Courts May Consider Grandparent Time

North Carolina courts decide custody and visitation based on a child’s best interests under N.C.G.S. § 50-13.2, but a grandparent’s path to court depends on timing and family status. In general, grandparents may seek visitation if there is already an open custody case between the parents (you may move to intervene under N.C.G.S. § 50-13.5) or if there has been a significant change such as separation, divorce, or an existing custody order. In some situations, grandparents can request visitation after a stepparent or relative adoption under N.C.G.S. § 50-13.2A. A Charlotte family law attorney can help you decide whether to file a new request or to intervene in a case that is already pending.

When Courts Usually Will Not Allow It

If the parents are together in an intact family and there is no open custody case, North Carolina law typically will not let grandparents start a new lawsuit for visitation. Courts also avoid orders that undercut a fit parent’s decisions without strong evidence. If you are facing a tight situation—like being cut off after a dispute—ask a Charlotte family law attorney whether there is a legally recognized doorway to court based on your facts.

What Judges Look For

Judges focus on the child. Useful factors include the length and quality of your relationship, your involvement in the child’s daily routine, the level of conflict between adults, and whether a visit plan would support rather than disrupt the child’s life. The court will also consider any safety concerns and each parent’s willingness to foster healthy family connections. Orders, when granted, are tailored to the child’s schedule and may start slowly before expanding.

Strong Evidence to Gather

· Messages, photos, and calendars showing regular contact, caregiving, or overnights

· School or medical records that reflect your role (authorized pickup forms, emergency contacts)

· Proof of stability such as housing, transportation, and ability to follow rules set by the court or parents

How to Ask and What to Expect Grandparent requests are usually made by motion in an existing custody case or by intervention (N.C.G.S. § 50-13.5) if the parents are already litigating custody. If adoption by a stepparent or relative has occurred, you may seek visitation under N.C.G.S. § 50-13.2A when the statute applies. After filing, the court may set mediation or a temporary hearing to stabilize contact. If the matter goes to a full hearing, you and any witnesses will testify about your relationship with the child and how your proposed plan fits the child’s school, health, and activities. A Charlotte family law attorney will help you propose a simple, child-centered schedule and address travel, exchanges, and communication in clear terms.

Safety, Boundaries, and Practical Plans

If there are concerns about substance use, conflict at exchanges, or confusing rules, the court can add safeguards such as supervised visits, neutral exchange points, or communication limits between adults. Clear boundaries help visits work in real life. The more your plan uses the child’s calendar and respects the parents’ rights and responsibilities, the more workable it will be.

Modifying or Enforcing Visitation

If a visitation order exists and the child’s needs or schedules change, you can ask the court to modify terms when there is a substantial change in circumstances (N.C.G.S. § 50-13.7). If visits are being blocked, the court can enforce the order. Keep a calm record of missed visits, last-minute cancellations, and any messages; focused documentation helps the judge fix practical problems without creating new ones.

At the Olsinski Law Firm, PLLC, we focus on solutions that put your grandchild first and respect the limits of North Carolina law. A Charlotte family law attorney from our team will help you identify the right legal doorway, organize useful proof, and present a schedule the court can adopt with confidence.

If you need guidance on whether you can file, how to intervene, or how to craft a plan that supports your grandchild, we are ready to help. Our team brings steady communication, practical scheduling know-how, and court experience in Mecklenburg and Cabarrus County. To learn more about the services we provide and to speak with an experienced Charlotte family law attorney about your situation, give the Olsinski Law Firm, PLLC a call at 704-251-7439 to schedule a no-obligation consultation.

Justin C. Olsinski, ESQ
Personal Injury, Family Law, & Criminal Defense Lawyer

Mr. Olsinski founded his criminal defense practice in Charlotte, NC, in January 2010. He has successfully defended cases ranging from B1 Felony First Degree Sex Offenses/First Degree Murder to Misdemeanor marijuana charges. 

Recognized as a Top 40 under 40 Attorney by the National Trial Lawyers and the American Society of Legal Advocates, and a Super Lawyer for several years, he now specializes in serious felony cases in State and Federal Court across North Carolina. He earned his Bachelor of Arts in Criminal Justice and History from Indiana University-Bloomington and graduated in the top half of his class from Hofstra University School of Law, where he focused on criminal defense. He continues to refine his trial advocacy skills.
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