What are grandparents' rights?

In South Carolina, grandparents have limited rights when it comes to their grandchildren. Grandparents can legally petition for visitation rights, which will allow them to spend time with their grandchildren. In order to petition for visitation rights, the grandparents must prove that they have a “close and substantial relationship” with the grandchildren and that it would be in the children’s best interest to have ongoing contact with the grandparent. The court will consider factors such as the moral fitness of the grandparent, the grandparent’s ability to provide the grandchildren with emotional and financial support, and the effect of visitation of the child’s physical health. In addition, grandparents can be awarded legal custody or guardianship rights of a grandchild if the court finds that it is in the best interest of the child. Legal custody grants the grandparent the right to make major decisions for the child, such as medical, educational, and religious decisions. In some cases, a grandparent may be awarded limited guardianship rights if the court finds that it is in the best interest of the child. This grants the grandparent the right to make certain decisions, such as approval of health care decisions, without having full legal custody. Generally, grandparents cannot petition for legal rights unless the grandchild’s parent(s) have either passed away or are deemed unfit or unable to care for the child.

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