In North Carolina, grandparents often play a vital role in the lives of their grandchildren—especially when those children face abuse, neglect, or dependency. When a juvenile case is opened due to concerns about a child’s safety or well-being, grandparents may wonder how they can step in to provide stability and care. Fortunately, North Carolina law offers a pathway for grandparents to assert custody rights and even consolidate their custody action with the juvenile court proceedings.
Understanding Juvenile proceedings in North Carolina
Juvenile abuse, neglect, and dependency cases are governed by Chapter 7B of the North Carolina General Statutes. These proceedings are initiated when the Department of Social Services (DSS) files a petition alleging that a child is being mistreated or is without proper care. The goal of the juvenile court is to protect the child and determine the most appropriate placement—whether that be reunification with parents, foster care, or placement with a relative.
Grandparents as Custodians: Legal Standing and Custody Actions
Grandparents who believe they can offer a safe and nurturing environment may file a civil custody action under G.S. 50-13.1, asserting their interestin the child’s welfare. This is especially relevant when the child’s parents are unable or unfit to care for the child due to abuse, neglect, or dependency.
However, navigating two separate court proceedings—one in juvenile court and one in civil district court—can be complex and inefficient. That’s where G.S. 7B-200(d) comes into play.
Consolidating Custody Actions with Juvenile Proceedings: NCGS 7B-200(d)
North Carolina law recognizes the need for judicial efficiency and child centered decision making. Under G.S. 7B-200(d), the juvenile court has the authority to consolidate a grandparent’s custody action with the juvenilecase. This means both matters can be heard together, allowing the court to make holistic decisions about the child’s future. However, the Juvenile Courthas significant discretion in its decision over consolidation of the Ch 50 grandparent child custody case with the ongoing juvenile case. Having an experienced attorney who is knowledgeable about the process can be critical to the Court’s decision.
Here’s what the statute allows:
- Consolidation Within the Same District: If the custody action is filed in the same district as the juvenile case, the juvenile court may order consolidation.
- Transfer Between Districts: If the custody action is filed in a different district, the juvenile court may:
- Transfer the custody case to the juvenile court’s county, or
- Transfer the juvenile case to the county where the custody action is filed, after consulting with the other court and finding good cause.
- Managing Parallel Proceedings: The juvenile court may:
- Proceed with the juvenile case while the custody action is stayed,
- Dissolve the stay and pause the juvenile case pending resolution of the custody matter.
This flexibility ensures that the child’s best interests remain central, while reducing duplicative litigation and conflicting rulings.
Practical Steps for Grandparents
If you are a grandparent seeking custody of a grandchild involved in a juvenile case, consider the following:
- Consult an attorney experienced in both juvenile and family law.
- File a custody action in district court, asserting your interest and ability to care for the child.
- Request consolidation under G.S. 7B-200(d), especially if the juvenile case is already underway.
- Prepare documentation demonstrating your relationship with the child, your caregiving capacity, and any concerns about the child’s current environment.
A Path Toward Protection and Permanency
Grandparents are often the unsung heroes in child welfare cases. By stepping forward and utilizing the legal tools available under North Carolina law, they can provide a lifeline to children in crisis. The consolidation provisions of G.S. 7B-200(d) offer a strategic and compassionate way to ensure that custody decisions are made by the Court with full awareness of the child’s circumstances and needs.
If you are considering filing for custody of a grandchild involved in a juvenile case, attorney, W. Carey Parker is here to guide you through every step. We believe in the power of family—and we’re committed to helping you protect yours.
