Abstract:
This bulletin discusses the present state of the law in North Carolina concerning the common law and constitutional rights of parents to the exclusive care, custody and control of their children. The article examines how that parental right impacts the authority of North Carolina courts to apply the best interest standard to resolve custody and visitation claims brought by third parties against parents. In addition, it reviews statutory and case law dealing specifically with grandparents to determine whether custody and visitation claims by grandparents are treated differently from claims by other third parties.