Are grandparents allowed to claim visitation rights if they have never been legally married to the grandchild’s parent?
In South Carolina, grandparents may petition for visitation rights regardless of whether they are legally married to the grandchild’s parent. Grandparents can make a request for visitation rights even if the parents have never been married or are not currently married. Grandparents may file a Petition for Visitation in the family court of the county where the grandchild resides or in the county where the grandparent resides. When filing the petition, the grandparent must provide information as to why they believe the visitation rights are in the best interest of the grandchild. Before making a decision, the court will consider the following factors: the relationship of the grandparent to the grandchild, the age of the grandchild, the relationship between the grandchild and their parent, the amount of contact/interaction the grandparent has had with the grandchild, any prior history of neglect or abuse by the grandparent, and any other information relevant to the situation. Ultimately, the court has the discretion to decide if visitation rights are in the best interests of the grandchild. Courts may order visitation if they feel the grant of visitation is in the best interests of the child. In South Carolina, all parties have the right to ask the court to review the visitation rights granted as circumstances change.
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