What are the legal requirements for grandparents to gain custody of their grandchildren?

In South Carolina, grandparents can seek court-ordered visitation rights or custody rights of their grandchildren if they can prove that visitation or custody would be in the best interest of the child. Grandparents seeking visitation or custody must file a petition for visitation or custody with the probate or family court in the county in which the child resides. In order to be granted custody or visitation rights, a grandparent must demonstrate that the natural parent either is unfit or has neglected the child or is otherwise unavailable. Examples of an unfit parent or neglect by a parent can include neglect or abuse of the child, incarceration of the parent, substance abuse by a parent, or a lack of any relationship between the parent and the child. If the court grants a grandparent custody or visitation, it must consider the child’s wishes, the amount of contact the grandparent had with the child before the petition was filed, and the best interests of the child. The court can grant legal custody, physical custody, joint legal custody, joint physical custody, or visitation. The court may also appoint a Guardian Ad Litem to represent the child’s best interests throughout the proceedings. The Guardians Ad Litem must serve as a neutral party to provide advice to the court in order to ensure that the child’s best interests are being served.

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What are the legal requirements for grandparents to gain custody of their grandchildren?

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