Does a grandparent have the right to file a petition to modify a visitation order?
In South Carolina, a grandparent does have the right to file a petition to modify a visitation order. The Grandparents Rights Law in South Carolina grants grandparent visitation rights to those grandsparents who can prove that they have had a substantial relationship with a minor grandchild. This law also allows a grandparent to petition the court to modify or terminate preexisting visitation orders. The court may modify a visitation order if it is in the best interest of the child. The court considers evidence such as changes in family dynamics, school performance, and behavioral changes of the grandchild in deciding whether to modify the order. Additionally, changes in the financial status of the grandparent or other party and the existing visitation schedule must be taken into consideration. The grandparent must demonstrate that circumstances have changed since the visitation order was established and that modification will be in the child’s best interest. If the court believes that the modification is necessary, then the judge can issue an order that amends the preexisting order. In summary, a grandparent in South Carolina does have the right to file a petition in order to modify a visitation order. The court will consider the best interest of the grandchild and the existing custody arrangement in these matters.
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