Grandparents generally have standing to sue for custody of their grandchildren if they allege parental unfitness or child neglect, even if there is no ongoing custody dispute.

However, even though grandparents may have standing to seek custody, they may not have standing to seek visitation under analogous circumstances unless there is an ongoing custody dispute.  Under current North Carolina law, grandparents may be granted visitation rights, but they must carry the burden of proving that such visitation would be in the child’s best interests.