Is a grandparent’s visitation rights affected by their marital status?

In South Carolina, a grandparent’s visitation rights can be impacted by their marital status in certain circumstances. Grandparents who are not married to each other share visitation rights when only one of them is the biological grandparent and the other has maintained a significant and positive relationship with the grandchild. In other cases, grandparent visitation is interfered with when one of the grandparents was never married to the other parent or when the parent was never married to the other grandparents. The South Carolina Basics of Grandparents’ Rights Law permits a grandparent in such a circumstance to petition for visitation rights as long as that grandparent has maintained contact or involvement with the grandchild for at least six months prior to filing said petition. The court will also take into consideration the intentions of the grandparent in providing care and emotional support for the grandchild, as well as the emotional connections that exist between them. The grandparent must also demonstrate that the visitation is in the best interest of the grandchild. Ultimately, the marital status of the grandparent will be an important factor in determining whether the grandparent can obtain visitation rights. If it is determined that the grandparent has been a consistent part of the grandchild’s life, then the court is likely to grant visitation rights to that grandparent, even if the grandparent is not married to the other grandparent.

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Is a grandparent’s visitation rights affected by their marital status?

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