Grandparents Rights in South Carolina

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Quoting sevenhearts

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My next question would be if my son is awarded joint custody, can the mother tell the court she doesn't want the baby staying over?

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She can tell the court anything, but the court has no reason to award anything other than the standard visitation, which includes overnights, unless mom has some concrete reason that the child's welfare would be in danger.

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Will the judge limit the amount of time the child can be with dad (no overnight visits) just so that I can't see her?

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You don't factor into what dad gets awarded. Dad living with you would only have impact if, for example, you were a convicted child molestor - THEN mom would have grounds to argue for the court to restrict then when's and where's of dad's visitation.

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I have read that she can also request supervised visits, what legal reasons would supervision be used for as I believe she may go that right if she gets an attorney?

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Again, she can ask. The judge would still need a SUBSTANTIAL reason to grant such a restriction on dad's access to his child. Typical reasons are thing like dad having a criminal record of DUIs (shouldn't be driving the child around), a criminal history that includes any crime against a child, or domestic violence with child witnessing it, history of intense illegal drug use such that the parent is likely to be impared beyond the capacity to care for the child, threats to harm the child, run away with the child, history of interfering with custody of the child. things like that. Normal, everyday, non-criminal, non-drug-using parents don't NEED to be supervised, and there's no reason to expect that the court would order this...no matter how much mom or grandma might stomp their feet and demand such...unless your son has some sort of documented history that would indicate that supervision is appropriate.

Thank you JK! Thank you all very much for all your assistance!

Have a Happy Holiday!!

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Quoting sevenhearts

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Thank you JK! Thank you all very much for all your assistance!

Have a Happy Holiday!!

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It seems the drama is between you, mom and the other grandparents, as mom and the grandparents are saying you can't have the child. Kind of a shame, that this drama in the end, will affect you, your son and the grandchild. Maybe you should really consider sucking it on up and fixing this, even if this is not just your fault. I honestly get it, been there, but while your trying to protect your son and you, you could be destroying the chance to work this all out in a civil manner. I have no way of knowing what went on, who did what, but when the drama starts, damage occurs. Understand that both sides are scared, neither side wants to lose the child, both sides think they know what is best and what they want. When you back each side into a corner, they come out fighting, stupid things are said, threats are made, I want this, I want that. It really, really is not worth the mess that it is gonna make.

My daughter and her ex were 20 when they had their child, but both still lived with their parents and both were full time college students. There was drama and that drama started with the paternal grandma. Grandma went into panic mode, jumped the gun and started lots of trouble. Drama got so bad, it ended mom and dads relationship, had mom and dad fighting, everybody demanding this and that, pulling and tugging that poor baby in every direction. Took almost 5 long years for the damage to be repaired. What a shame, because grandma ended up losing the most in it.

Your son has rights, he can establish those rights. He most likely will get joint legal(major joint decision making)and he will get a parenting time order. It might not be what you want at the start, but he will get his time with that child. You will get far better by putting the drama aside, putting your emotions aside, taking yourself out and helping your son work with mom. There are lots of things to try before carrying on about filing for this right and that right, and filing for grandparent rights(which are slim to none to begin with).

Check online, see if your court has mediation, if not look up and see if there is a mediation or resolution center in your area. 3rd party that is non bias that can help your son and mom come to a decent, fair, peaceful sharing of the child. You can also try having them sit down with their lawyers together and see if they can come to a happy middle ground. Co-parenting classes for the 2 of them to take together or joint counseling. Look up parenting plans online, check ones for infants, for toddlers, for preschoolers. Plans can be graduated with the age of the child. Many believe that infants should have short, frequent visits as opposed to standard plans of every other weekends. If your state does not have much, look under other states, I know Indiana has parenting plans that go by age. Lots of good books on split situations and co-parenting.

Trust me you don't want drama, you don't want to do this to your son or grandchild. You want your son to learn to co-parent with mom. Yep your going to miss things, and so is your son, but so is mom and so are the other set of grandparents. No way around that because the parents are no longer together, and the child now must be shared. It matters none at this time what the other side is doing, you and your son hold the key to making this peaceful for the child. One side can be the bigger in this and make this work, it may take awhile, but I can tell you first hand, being the bigger in this, teaching your son how to be, is so worth it when things do finally get worked out.

I'm currently in a battle for trying to get visitation with my grandson who I raised to the age of 5. I had previously asked for custody and if that were to be granted, for the right to adopt my grandson. Obviously this didn't go well. It's been dragging on for well over 2 1/2 So I'm trying to file a motion to AMEND the previous order to request the family courts for grandparents visitation only. I called our local clerk of court because I'm unable to locate the State form to download and fill out to take to the court house and have filed on my behalf.

Do you have any idea where I can locate this form? or the number of the form. I've spoken to many persons telling me the form has a number and the clerk's office should be able to give me at least the number to the form. They are not helpful. The days are ticking and I only have 3 days left to get this amended order filed or I loose everything. I do have my outline of why I should be granted visitation and I certainly meet the requirements per law. I just need the form so I can get it filed ASAP! Also if there is no such form available I'm curious if there is a location where I could possibly look at another form like the one I'm needing and word it with my own words? I'm pretty good about this legal stuff as I was a paralegal in my first life,:rolleyes:This form is eluding me! Thanks so very much for your help and BLESS you for helping other's when nobody else will. You are a God send.

Robyn323

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Quoting RobynD323

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I'

Robyn323

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You should start your own thread so as to not get your situation confused with the original posters situation.

I'm currently in a battle for trying to get visitation with my grandson who I raised to the age of 5. I had previously asked for custody and if that were to be granted, for the right to adopt my grandson. Obviously this didn't go well. It's been dragging on for well over 2 1/2 So I'm trying to file a motion to AMEND the previous order to request the family courts for grandparents visitation only. I called our local clerk of court because I'm unable to locate the State form to download and fill out to take to the court house and have filed on my behalf.

Do you have any idea where I can locate this form? or the number of the form. I've spoken to many persons telling me the form has a number and the clerk's office should be able to give me at least the number to the form. They are not helpful. The days are ticking and I only have 3 days left to get this amended order filed or I loose everything. I do have my outline of why I should be granted visitation and I certainly meet the requirements per law. I just need the form so I can get it filed ASAP! Also if there is no such form available I'm curious if there is a location where I could possibly look at another form like the one I'm needing and word it with my own words? I'm pretty good about this legal stuff as I was a paralegal in my first life,:rolleyes:This form is eluding me! Thanks so very much for your help and BLESS you for helping other's when nobody else will. You are a God send.

Robyn323