North Carolina Stepparent Custody Rights

North Carolina awards custody to an individual who will best promote the interests and welfare of a child. When awarding custody, a North Carolina court will primarily be concerned with the best interests of the child rather than what will benefit their parents, stepparents, grandparents, or other family members. Custody will typically be awarded to whoever can provide the child with a stable living environment and the best care for their needs.

North Carolina law is clear on whether or not stepparents have standing, or the right, to sue for custody and visitation of their stepchildren. Standing in custody disputes is governed by N.C.G.S. §50-13.1(a), which states that “[a]ny parent, relative, or other person, agency, organization or institution claiming the right to custody of a minor child may institute an action or proceeding for the custody of such child….”

While “other person” does not mean that literally anyone could sue for custody of a particular child, North Carolina courts have found that the relationship between stepparent and stepchild, though lacking biological association, will suffice to support a finding of standing.

Even where a stepparent has standing to seek custody or visitation rights, the courts apply a two-prong test to determine whether the stepparent should be granted those rights. The two steps are as follows:

First Prong

The first question the court asks is whether the natural parent was acting in a manner inconsistent with their constitutionally protected rights as a parent. This determination is made on a case-by-case basis, and the inconsistent conduct does not have to meet the level of conduct that would support a termination of parental rights.

Second Prong

The second question asks what kind of conduct would be inconsistent with a parent’s constitutionally protected rights. This occurs where the parent intentionally creates a family unit in which the stepparent permanently shares parental responsibilities with the parent.

These situations, and others, may permit a court to find that the natural parent acted inconsistently with their constitutional rights.

If the court finds that the parent acted inconsistently with their constitutional rights, the court will then determine whether it is in the child’s best interest to permit the stepparent to have custody or visitation. This is also determined on a case-by-case basis, and it is heavily dependent on the individual child or children.