Are grandparents allowed to file for emergency custody of their grandchildren?

In South Carolina, grandparents are allowed to file for emergency custody of their grandchildren under certain conditions. However, the process is legally complex, and it is best to consult with an attorney to determine a path forward. The court must determine that the emergency situation in the home of the child’s parent or guardian creates the potential for immediate and irreparable harm to the emotional, mental, or physical health of the child. If the court is satisfied with this determination, the grandparents may be granted temporary emergency custody. This is only for a period of up to 90 days. During this period, grandparents may be authorized to provide the child with shelter, clothing, food, and medical care. The grandparents and the parents should also engage in mediation to work out a plan for the child’s care or to resolve any disputes associated with the custody arrangement. However, the court may refuse to grant the emergency custody request if it believes that the grandparents do not have the necessary resources or the willingness to provide a proper environment for the child. The court will also consider if granting custody to the grandparents could cause serious disruption to the child’s current home-life or any other factors which could impede on the child’s wellbeing. Ultimately, in South Carolina, grandparents may be able to secure emergency custody of their grandchildren, but the process is legally complex and it is best to consult with an attorney to better understand the process.

Related FAQs

Does a grandparent have the right to obtain legal custody of a grandchild?
Are grandparents allowed to request supervised visitation with their grandchild?
Are grandparents allowed to sue for defamation of character if they have been denied access to their grandchild?
Does a grandparent have the right to legal guardianship of a grandchild?
Does a grandparent’s financial status have an effect on their visitation request?
Do all states recognize grandparents’ rights?
Can a grandparent get custody if the parent of the grandchild has died?
Can a grandparent be held financially responsible for a grandchild’s medical expenses?
Can a grandparent be awarded custody if there are concerns about the health and safety of their grandchild?
What is the standard for grandparents to be awarded guardianship of a grandchild?

Are grandparents allowed to file for emergency custody of their grandchildren?

Related FAQs

Related Blog Posts