What are the legal processes for terminating a parent’s rights so a grandparent can adopt their grandchild?

In South Carolina, a grandparent can petition to terminate a parent’s rights so they can adopt their grandchild. This process is governed by the Grandparents Rights Law, which allows a court to award custody and adoption rights of a minor child to a grandparent in situations where the parent is found to be unfit. The process begins with a written petition to terminate the parent’s rights and an accompanying affidavit in support of the petition. The petition must be filed with the court in the county where the parent lives or in the county where the grandparent resides. The petitioner must also provide a copy of the letters to the parent and a notice of the hearing to the court. At the hearing, the court will hear evidence to determine whether it is in the best interest of the child for the parental rights to be terminated. The court will consider factors such as the parent’s fitness, the Grandparent’s relationship with the child, the long-term plans for the child, and any other relevant factors. If the court finds that it is in the child’s best interest for the parental rights to be terminated, the court will issue an order granting the grandparent’s petition. The court will then issue an adoption decree granting the grandparent legal guardianship and allowing them to adopt the child as their own. The court may also provide for visitation rights with the other parent.

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What are the legal processes for terminating a parent’s rights so a grandparent can adopt their grandchild?

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