How do I establish a grandparent’s rights to visitation or custody?

In South Carolina, there are laws in place to provide grandparents with rights to visitation or custody of a grandchild depending on the individual circumstance. The first step in establishing a grandparent’s rights to visitation or custody is to file a petition with the court. In the petition, the grandparent must explain why they are filing for visitation or custody. This could include a death or incarceration of a parent, a determination of parent unfitness, or if the parents have been separated for at least six months. After filing the petition, a hearing will be scheduled for a Judge to hear the case and make a ruling. During the hearing, the grandparents must prove to the judge that their relationship with the grandchild is beneficial and necessary. The judge may also take into consideration the opinion of the child if they are old enough to give one. The grandparent’s rights are limited, and the court will only decide on a custodial or visitation arrangement that is in the best interest of the child. The judge can grant visitation rights to the grandparent, but without legal custody, the grandparent can not make decisions on the child’s behalf or enroll them in school. If it is determined that the grandparent is a fit custodial parent, then the judge can award them legal and physical custody of the child. Establishing grandparents rights can be a long and complicated process, so it is important to be aware of South Carolina laws and to follow all the proper steps to ensure the case is successful.

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How do I establish a grandparent’s rights to visitation or custody?

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