In South Carolina Code § 63-3-530, grandparents have the right to visit with their grandchildren, If one or both of the child’s parents are deceased, divorced, or separated and they can seek a court order allowing them to spend time with their grandchildren through the family court under beneath circumstances:
First, the grandparent must be the biological or adoptive parent of the child’s parent.
Second, the child’s parents must be either deceased, divorced, or living apart in separate households.
Third, the parents or guardians of the child must be denying visitation rights to the grandparent for an unreasonable period of time, such as 90 days or more.
Fourth, the court must find that either (1) the parents or guardians are unfit or (2) there are extraordinary circumstances that outweigh the usual assumption that it’s in the child’s best interests to deny visitation to the grandparent. This requires a higher standard of evidence, known as ‘clear and convincing evidence’.
If all the necessary conditions are fulfilled, the family court may grant visitation rights to the grandparent. When making this decision, the court will carefully consider the visitation schedule to ensure it does not compromise the parent-child relationship. The court will also take into account other factors that impact the child’s life, to guarantee that the grandparent’s visitation does not disrupt their usual routine or activities.
In a court of law, clear and convincing evidence is a higher standard of proof that requires the evidence to be extremely likely to be true. This standard is applied in grandparent rights cases in South Carolina because the state’s laws prioritize the rights of biological parents, recognizing their natural authority over their children.
In determining custody, the court considers the unique circumstances of each case and prioritizes the best interests of the children. Simply showing that a child may benefit from contact with a grandparent is not enough. Instead, the judge will evaluate various factors, including:
- The relationships between the children and their parents;
- The children’s adjustment to their home, school, and community;
- The mental and physical health of all children and parents; and,
- In certain cases, the child’s or children’s wishes.
These factors help the court make an informed decision that is in the best interests of the children.
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