In some families, the grandparents are an important part of a family’s life and are able to see their grandchildren on a regular basis. In other families, though, the parents of the children may keep them away from the grandparents for their own personal reasons. The rights of a grandparent to be a part of their grandchild’s life varies by state, including South Carolina.
In South Carolina, grandparents are presumed to have visitation through the child’s parents. When this is not the case, grandparents can file for visitation rights. The circumstances may also factor into a court’s decision.
Before 2003, South Carolina had specific laws that protected the rights of grandparents to be involved in their grandchild’s lives. According to the law, if the parents of the child were separated, divorced, living separately or one of them was deceased, grandparents could file for and possibly receive visitation with their grandchild. The court examined each individual situation and decided if the visitations were in the best interest of the child, which often meant that the grandparents had previously played a significant role in the life of the child.
In 2000, the Supreme Court changed the way grandparents rights worked throughout the country. In general, the Supreme Court ruling stated that grandparents’ rights infringed on the rights of the parents to decide what is best for their children. This left the particulars up to each state. South Carolina followed along with the Supreme Court ruling and typically does not allow grandparents legal visitation rights that are court ordered. However, special circumstances may still allow for the court to rule in the favor of grandparents.
Because the parents are the guardians of the child, South Carolina courts often defer to the wishes of the parents in terms of grandparent visitation as long as both parents are competent. However, if the grandparents can prove that the parents’ decision is not in the best interest of the child, the court may order visitation. The burden of proof falls with the grandparents and is up to the judge’s discretion. In most cases, the grandparents must prove that the absence of a relationship is detrimental to the child’s well-being.
In 2009, South Carolina again re-evaluated the grandparent visitation rights for the state. Once again, if the parents are living apart, divorced or one of them is deceased, the court can consider giving grandparents visitation rights under specific circumstances. Grandparent visitation is only granted in a manner that does not interfere with the relationship between the parents and the child.
Grandparents rights in South Carolina are constantly changing, as they are in every state, so it helps to keep up with the latest rulings from the courts.
