Grandparents who are concerned about being cut out of their grandchildren’s lives might explore the prospect of filing for legal custody or visitation. In South Carolina, the family court system allows grandparents to petition for custody or visitation rights under certain circumstances. 

With the right legal help, grandparents can assert their rights and fight to ensure that they remain a part of their grandchildren’s lives.

Why You May Need a Lawyer to Protect Your Rights As a Grandparent 

In case you are a grandparent who is seeking custody or visitation of your grandchildren, it is important to consult with an experienced Greenville family law attorney to discuss your concerns and whether you may be eligible to file for custody or visitation under state law. 

These concerns can become especially pronounced if one parent dies and the grandparents fear that the remaining parent may pull away from them. Other times, grandparents may become estranged from their own child, resulting in diminished or nonexistent contact with the grandchildren.

The lawyer can also help you understand the custody and visitation process, what to expect, and how to best protect your legal rights. Our experienced Greenville family lawyer can help you assert your rights and make sure that you remain a part of your grandchildren’s lives.

How to File for Child Custody or Visitation as a Grandparent in South Carolina

If you are a grandparent and wish to file for custody or visitation of your grandchildren you must first determine if you meet the state’s legal requirements to do so. 

To petition for custody or visitation, grandparents must show that they have “standing.” This means that the grandparent must demonstrate to the court that they have a sufficient relationship with their grandchild and that it is in the best interests of the child to have a relationship with them.

The requirements for grandparent custody or visitation can be found in South Carolina Code Annotated section 63-17-30 (2010). To learn more about these laws and how they might affect your case, consult with a knowledgeable Greenville family law attorney.

What to Expect in Court

When you file for custody or visitation of your grandchildren, you can expect to appear before a family court judge. 

The judge will consider various factors in deciding whether to grant your petition, including: 

• The child’s relationship with their parents 
• The child’s relationship with their grandparents 
• The child’s preference, if they are of sufficient age to express a preference 
• The stability of the child’s home environment 
• The child’s need for continuity in their education, religious training, and other important aspects of their life

The judge will also consider any evidence of abuse or neglect by either parent.

If you are granted custody or visitation of your grandchildren, the court will issue an order setting forth the terms and conditions of your custody or visitation arrangement. It is important to follow the court’s order to avoid any legal consequences. 

Learn How an Experienced Greenville Family Law Attorney Can Help

At Sarah Henry Law, we understand how important it is for grandparents to maintain a relationship with their grandchildren. We also understand the South Carolina laws governing grandparent custody and visitation rights.

Our goal is to provide you with the knowledge and resources you need to make informed decisions about your case. Give us a call today at 864-478-8324 to schedule a remote consultation with an experienced Greenville family law attorney. We can help you assert your rights and work to make sure that you remain a part of your grandchildren’s lives.