Child Custody Laws for Grandparents in South Carolina

Grandparents often play a vital role in their grandchildren’s lives. In some cases, they are the primary caretakers. Millions of grandparents are raising their grandchildren in the United States or have their grandchildren living with them.

What happens if grandparents are suddenly cut off from their grandchildren or their grandchildren are being mistreated? Do grandparents have custody rights in South Carolina?

What Are Grandparents Rights in South Carolina?

Grandparents may have the right to visitation with their grandchildren. They may also obtain custody of their grandchildren in certain circumstances. Let’s look at each grandparent’s rights individually.

Grandparents Rights to Visitation with Grandchildren

South Carolina Children’s Code §63-3-530 gives grandparents the right to petition the court for visitation with their grandchildren if:

They are the natural or adoptive parent of the child’s parent;
The child’s parent or parents are separated, divorced, or deceased;
The child’s parents or guardians are unreasonably denying the grandparents the opportunity to see the child for more than 90 days; and,
There is clear and convincing evidence that the child’s parents or guardians are unfit OR there are compelling circumstances to overcome the legal presumption that the parent or guardian’s decision to deny visitation is in the child’s best interest.

Compelling circumstances are based on the facts of the case. As with all custody and visitation matters, the court considers the child’s best interests when deciding whether to grant grandparent visitation. Judges must also consider the rights of the parents under the U.S. Supreme Court decision in Toxel v. Granville.

In that case, the court ruled that Due Process in the 14^th Amendment provided heightened protection from government interference with certain fundamental rights and liberties. Therefore, judges must consider a parent’s fundamental right to make decisions concerning their children when deciding grandparent visitation cases.

Grandparents Rights to Custody of Their Grandchildren

Before a grandparent can be granted custody of their grandchildren, they must prove to the court that they are “de facto custodians” of the child under South Carolina Code §63-3-60. A “de facto custodian” is someone who:

Has resided with the child for at least six months if the child is under three years old; OR,
Has resided with the child for at least one year if the child is three years old or older.

Suppose the grandparent is a de facto custodian. In that case, a court may grant child custody to the grandparent if they prove through clear and convincing evidence that the natural parent is unfit to care for the child or if other compelling circumstances exist to justify granting the grandparent custody.

What Is the Psychological-Parent Doctrine?

When judges decide grandparent rights cases, they apply the Psychological-Parent Doctrine to determine the type of relationship the grandparent had with the child. The judges consider four factors:

Whether the child’s parents consented to and fostered the grandparent’s parent-like relationship with the child;
If the grandparent and child lived together;
Whether the grandparent assumed responsibilities of parenthood, such as taking responsibility for the child’s education, care, and development; and,
If the grandparent has been in a parental role enough time to bond with the child.

If a grandparent’s petition for child custody or visitation is disputed, the grandparent has the burden of proving their case. The court will look for evidence to determine whether the grandparent proves all legal elements and the burden of proof.

Therefore, grandparents should begin building evidence to prove their case. Examples of evidence may include:

Pictures of the grandparents with the grandchildren
Evidence the grandparents did things with the grandchildren, such as receipts, credit card statements, itineraries, and memorabilia from trips, events, and activities
Copies of correspondence between the grandparents and the grandchildren
Evidence that the grandparents purchased clothing, toys, and other items for the children or paid expenses for the children
Birthday cards and other cards to the grandparents signed by the children
Phone logs proving they contacted the children on a regular basis
Testimony from friends and family members
Evidence from medical providers and schools that the grandparents took the child to appointments and/or attended meetings
Evidence that the child lived with the grandparents, including school and medical records with the child’s physical address and dates

Keeping detailed logs of all contact or requests for contact with your grandchildren is also helpful. The more evidence you have proving your close relationship with your grandchildren, the better your chance of winning your case.

Get Help with Grandparents’ Rights Cases

If you’re facing challenges or have questions regarding grandparent rights in South Carolina, Minor Law Divorce Lawyers is here to provide the support you need. Whether you’re seeking visitation, custody, or other legal rights concerning your grandchildren, our experienced Rock Hill family law attorneys can help you understand your options and work toward a favorable outcome. Contact us today to schedule a free consultation.

Contact an Experienced Family Law Attorney at Minor Law Divorce Lawyers for Legal Advice

To learn more and get the help you deserve, call our divorce & family law firm Minor Law Divorce Lawyers in Rock Hill, SC at (803) 504-0971 or contact us online today.

You can also visit our law firm at 1273 Ebenezer Rd, Suite B, Rock Hill, SC 29732.

We serve throughout York County.