Understanding Grandparent’s Rights in South Carolina

  1. Family Law
  2. Understanding Grandparent’s Rights in South Carolina
Grandparents with grandchild

Have you ever wondered who would have custody of your grandchildren if anything ever happened to your child or if your child was unable to care for your grandchildren? Have you ever contemplated what your relationship with your grandchildren would be like if your child ever decided to disallow you from seeing or spending time your grandchildren?

Many times, for grandparents located in the Spartanburg area of South Carolina, this may be the case. Sometimes, a grandparent will contact a Spartanburg attorney feeling overwhelmed because they believe that their child or another parent of their grandchild has withheld the grandchild from them. Other times, grandparents may not have the best relationships with their own child which causes their own child to use their grandchildren against them, essentially hurting the children involved most of all. These instances may cause a grandparent to feel helpless like they have no rights, and nothing can be done. However, grandparents do have rights, even against their grandchildren’s own parents’ wishes, at times. For a grandparent to exercise their rights to visit with their grandchildren, a grandparent may qualify as a de-facto custodian or a psychological parent.

A “de-facto custodian” is a person, not the biological parent of a minor child, who can be granted visitation with a child if the child’s biological parents are unfit and the person has been the primary caregiver of the minor child for the required durational period. The required durational period is based upon the age of the minor child with a lesser durational period for a younger child versus an older child. A “psychological parent” is a person, not the biological parent of a minor child, who can be granted visitation with a child even if the child’s biological parents are fit and even if the child’s biological parents are not in support of the visitation.

There are several nuances for each classification a grandparent may fall within in order to exercise their rights as a grandparent of a minor child. However, it is important for you to be aware of what subjects to discuss with your South Carolina attorney when difficulties arise concerning your time spent with your grandchildren. When you seek legal representation, ask your attorney about whether you would qualify as a de-facto custodian, a psychological parent or whether you meet the necessary requirements to qualify for both. An experienced South Carolina attorney will know exactly how to represent your interests based upon the facts that you provide and the applicable case law within their jurisdiction.

Grandparent visitation and custody matters are a minefield to navigate in South Carolina. At King Law, our team is experienced in grandparent custody and visitation matters and can help any grandparent determine whether they are eligible to file for custody or visitation and can advocate on behalf of the grandparent if the grandparent is eligible for custody or visitation.

If you are interested in knowing your rights as a grandparent, please call us at 888-748-KING (5464) to schedule a consultation with an experienced member of our legal team.  We serve clients in the Upstate of South Carolina from our offices in SpartanburgGaffney and Greer.  You can also request a consultation on our home page. We are here to walk with you step-by-step through this process and help improve the situation for your grandchildren and those you love.

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