NC H413

Allows grandparents to initiate separate legal actions for visitation rights when no custody case is pending, rather than only being able to request visitation within existing custody proceedings.

Requires courts to find by clear and convincing evidence that compelling circumstances exist to overcome parental rights before awarding grandparent visitation.

Establishes three mandatory conditions for grandparent visitation: a parent is deceased, incapacitated, or incarcerated; and visitation is in the child's best interest.

Provides courts with five factors to consider when determining best interest, including the grandparent's willingness to support the parent-child relationship, the child's willingness to develop a relationship with the grandparent, and past patterns of allowing or denying visitation.

Effective October 1, 2015, applying only to visitation actions filed on or after that date.