It is well established in North Carolina law that before a court can award custody of or visitation with a minor child to a nonparent over the objection of a parent, the nonparent must allege and prove that the parent is unfit, has neglected the welfare of the child, or has otherwise acted in a manner inconsistent with his or her constitutionally protected status as parent. Price v. Howard, 346 N.C. 68 (1997). [a discussion of the court’s authority to award visitation pursuant to the grandparent visitation statutes is beyond the scope of this post.] If that allegation is proven, the trial court may proceed to determine custody or visitation by application of the best interest of the child standard. If the nonparent third party cannot show that the parent is unfit or has lost their protected status, all custody and/or visitation claims against a parent must be dismissed.