Understanding Grandparent Rights in South Carolina

A grandchild’s relationship with his or her grandparents matters. Indeed, grandparents can play a vitally important role in the development of a child. This raises an important question: Does South Carolina have grandparents’ rights? The short answer is “yes”—though a grandparent’s rights are generally secondary to the rights of the child’s parents. Here, our Greenville grandparents’ rights attorney provides a comprehensive guide to South Carolina law.

South Carolina Grandparent Rights: An Overview

First and foremost, it is important to emphasize that our state recognizes grandparents’ rights. As explained by the South Carolina Bar, “Grandparents’ rights are derivative of their child’s rights.” Here are the two forms of grandparents’ rights in South Carolina:

• South Carolina Grandparent Custody Rights: Grandparent custody rights are limited to certain situations. In South Carolina, grandparents may seek custody of their grandchildren under specific circumstances. Most often, a grandparent will get—potentially temporary—custody rights over a child if the parents are deemed unfit. A finding of parental unfitness could be due to issues like child abuse, child neglect, substance abuse, or child abandonment. To obtain custody, grandparents must demonstrate to the court that they can provide a stable and nurturing environment superior to that of the parents. The court will consider factors such as the child’s safety, emotional needs, and the strength of the existing relationship between the grandparent and grandchild. If you have any questions about grandparent custody rights, an experienced Greenville family lawyer can help.

• South Carolina Grandparent Visitation Rights: In South Carolina, a child’s grandparents may also be able to seek court-protected visitation rights. South Carolina law permits grandparents to petition for visitation rights when certain conditions are met. More specifically, a grandparent may seek visitation if the child’s parents are divorced, separated, or if one parent is deceased or incarcerated. They must also prove that the parents are unreasonably denying visitation and that granting it is in the child’s best interest. The court evaluates factors like the depth of the existing grandparent-grandchild relationship and the potential impact on the child’s emotional well-being. Additionally, the court ensures that visitation does not interfere with the parent-child relationship. If you have any questions about grandparent visitation rights, a Greenville family lawyer can help.

An Overview of the South Carolina’s Best Interests of the Child Standard

Under South Carolina law (SC Code § 63-15-240), the best interests of the child are always the top priority in grandparents’ rights cases. Whether a grandparent is seeking custody due to parental unfitness or visitation because they have been denied access, a court will evaluate whether granting that grandparent legally protected custody or visitation rights is in the best interests of the child. A wide range of different factors can be assessed to determine the best interests of the child, including:

• Emotional and Developmental Needs:

  The needs of the child (grandchild) are vital. A court will evaluate the child’s emotional bonds with the grandparent and the role the grandparent has played in the child’s life.

• Stability of Home Environment:

  Can the grandparent provide a safe, stable environment for their grandchild? South Carolina courts can consider the consistency, stability, and safety of the living situation the grandparent can provide.

• Physical and Mental Health of Parties Involved:

  Courts will also assess the health—both mental and physical—of the grandparent to ensure they are capable of meeting the child’s needs. A grandparent with health issues may need visitation to be supervised or facilitated.

• Facilitation of Parental Relationship:

  Parental rights are always primary. The grandparent’s willingness to encourage and maintain the child’s relationship with their parents is key. A grandparent who undermines parental rights may not be given access.

• Child’s Preference:

  If a child is old enough and mature enough—generally 12 years of age or older— South Carolina courts can take into account their wishes. However, children do not get to unilaterally make the final decision.

• Cultural and Religious Considerations:
  

  Assuming that there are any considerations, courts in South Carolina will attempt to respect a child’s cultural and religious background.

• Any Other Relevant Factors:

  The reality is that every family situation involves its own unique factors. With this in mind, a court in South Carolina can evaluate any additional considerations that may affect the child’s well-being.

The best interests of the child standard is comprehensive. Ultimately, a South Carolina court will carefully weigh all relevant factors to make a decision that promotes the child’s happiness, security, mental health, and social development. It is important to note that while grandparents have the right to petition for custody or visitation, the court must always balance this with the parent’s right to raise their children as they see fit. Parental rights are far stronger than grandparents’ rights in South Carolina. Courts presume parents know best for their children unless clear and convincing evidence can be shown to demonstrate otherwise.

Angela Elliott Frazier Fights for the Best Outcome in Grandparent Rights Cases

Grandparents’ rights cases are complicated. They should be handled with the utmost skill, care, and sensitivity. A child’s relationship with his or her grandparents is important. For that reason, a collaborative-based approach is often the right strategy in these cases. Still, there are certain situations when grandparents and parents need to fight to protect their rights. Our founding attorney Angela Elliott Frazier is committed to providing personalized, solutions-focused guidance and support in grandparent rights cases in Greenville County.

Contact Our Greenville, SC Grandparents’ Rights Lawyer Today

At Elliott Frazier — Family, Personal Injury, & Car Accident Attorneys, LLC, our Greenville family law attorney has extensive experience handling grandparent rights cases. If you have any questions or concerns about grandparent rights in South Carolina, please do not hesitate to call us now or connect with us online for a confidential, no-obligation initial consultation.

From our Greenville office, we handle grandparent rights cases throughout the wider region of South Carolina.