Grandparents Rights in South Carolina

My question involves a child custody case from the State of: SC

Good morning all:

I have a couple of questions for the moderators any assistance is greatly appreciated.

-What are the rights of a grandparent in the state of SC?

(I was recently told I would have no contact with my grandchild because of family drama, I don't see what that has to do with visitation.)

-The maternal grandparents will not let the infant stay over at my house "because she's too small", is that honestly a valid reason for not to stay overnight?

-Do the courts look at family drama as a reason to not give grandparents or father visitation or parental rights?

-My child has a pending charge which is nonviolent, first offense (I could kill him but he was at the wrong place at the wrong time), can this be a factor in visitation?

-The childs mother has been blasting all of our personal business on a blog she created to 'vent', can we request a stop to all of that?

My last comment is for Dogmatic: I love your style, straight, to the point, God bless you dear!

Thank you all so much!

You can expect more responses than just the mods.

The only way a court is going to order visitation is if one of the parents is deceased, they are divorced or separated living in different homes and allof the following apply:

a. The parent/guardian of the child is unreasonably denying visitation
b. You previously had a parent-child type relationship with the child
c. that awarding grandparent visitation would not interfere with the parent-child relationship; and:
1. the court finds by clear and convincing evidence that the child's parents or guardians are unfit; or
2. the court finds by clear and convincing evidence that there are compelling circumstances to overcome the presumption that the parental decision is in the child's best interest.

Those are some big hurdles to overcome. No contact is directly related to visitation. It just goes a bit further by making it clear you cannot visit the grandchild or have any other form of contact.

You say the maternal grandparents won't let the infant stay overnight. If it's an infant, cutting you out now won't have a serious impact on the child's life so that is going to make your fight tougher. Who currently has legal custody of the child? What is the relationship status of the mom & dad?

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What are the rights of a grandparent in the state of SC?

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Grandparents have NO rights, in any state, until a court specifically orders such orders.

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The maternal grandparents will not let the infant stay over at my house "because she's too small", is that honestly a valid reason for not to stay overnight?

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Why are the maternal grandparents making visitation decisions? Do they have legal custody of the child? Under what circumstances?

Whomever is the legal guardian of the child, whether it be the child's own parents, or other family members, they get complete and total say in who gets access to the child, and can set any restrictions they want, including ZERO contact, until and unless a court orders that some other party has rights to the contrary.

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Do the courts look at family drama as a reason to not give grandparents or father visitation or parental rights?

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South Carolina looks at "family drama" more than other states do. Grandparent visitation is only ordered under particular circumstances, and the court is allowed to consider if there is a lot of "drama", including anything that would interfere with the parent-child relationship, or the guardian-child relationship.

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My child has a pending charge which is nonviolent, first offense (I could kill him but he was at the wrong place at the wrong time), can this be a factor in visitation?

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Probably not. Is your child established as parent to the child, and does your child have custody or visitation orders in place?

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-The childs mother has been blasting all of our personal business on a blog she created to 'vent', can we request a stop to all of that?

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You can ask her. You can't force her. If she says anything of a threatening nature, you can attempt a report to law enforcement. If she's expressing her opinions, she's allowed to do that. If she's stating as fact complete lies that may be defamatory, and you have $20,000-$30,000 to pursue her in civil court for the tort of defamation, you can go that route. Best bet: don't read her blog.

Generally speaking, here's how grandparent rights work: the courts assume that the parents have the authority to control who has access to their children. If the parents are either divored, one is deceased, or the children have been removed from care of the parent(s), then grandparents have an "in" on circumventing that parental authority. Otherwise, grandparents are generally expected to visit during the times that the grandkids are visiting their own parent (in otherwords, your visitation would be expected to take place on your sons's visitation time). The exception is if the court finds that the grandparents have played a substantial role or spent considerable time as the child's primary caretaker (for example, the child lived with you while parents were sick, incarcerated, etc.). For very young children, that's really impossible to establish (child hasn't been alive long enough to form a bond with the grandparent that most judges would find outweighs the parent's or guardian's wishes).

The parents have custody of the mother of the child, not the child herself. They seem to be making decisions for her, shes 16, lives with her parents, (my son lives with me) so she follows what they say as its in their best interest, not the interest of the child. Her parents are very territorial with the infant.

They are not together as a couple, but he does go to see his daughter and takes care of her at the house while mom is supposed to be doing online schooling.

My son's name is on the birth certificate, until recently we got along wonderfully. It seems in the past week, things have escalated. We are scheduled to see a lawyer next Wednesday, to start the child support petition as well as visitation for him and myself.

The mother said I will never see my granddaughter again and stated this on her blog, I don't see how that benefits the child; I have a younger child at home, and have finacially supported her with necessities for the baby for the next three years all while being unemployed at the time (have proof of expenditures as well).

If grandparent's have no rights, would that apply to her parents although she lives with them? I'm confused in that situation. Can they make decisions for her as she's a minor on behalf of the infant? Can the enforce her to instill their wants on her behalf?

Thank you to all the responders for the input, it's greatly appreciated and I apologize for just mentioning the moderators (I'm new to this blog.)

Sincere thanks!

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If grandparent's have no rights, would that apply to her parents although she lives with them?

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They have whatever rights she chooses to give them. As she has legal custody of the child, she gets to make decisions about where the child goes, and with whom. If she chooses to allow her own parents to make such decisions, she may do so.

As Catherine already noted, it will be expected that your visitation time with your grandchild take place during your son's scheduled parenting time. The court is not going to provide additional visitation just for you. So, if Dad is awarded every Wednesday and every other weekend, THAT is when you may see the child, at Dad's discretion.

So basically we have a minor child, who has now had a child of her own. Since the mother is a minor, her own parents have complete and total control of her, and while that doesn't provide them with legal rights over the grandchild, it functionally ACTS that way to a large degree. They can say who their own daughter sees, talks to, comes to their residence, when mom leaves the house, etc. and the baby is more or less along for the ride.

The father should have no problem getting visitation ordered, but you are not going to have standing to do so. As noted and for the reasons outlined above, you'll be expected to visit during dad's time. The mother's parents have no more legal rights than you do, they simply have the advantage of being the legal guardians of the mother, and since they have lawful authority over the mother, they effectively control the baby too.

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Can they make decisions for her as she's a minor on behalf of the infant?

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Not directly, but then again, 16 year olds aren't generally fully independently functioning, and as the mother relies on her own parents for the basics like a roof, electricity, internet access, food, for herself AND the child, they have a LOT of position to FORECE her into doing what THEY want. This is the usual dynamic when children have children.

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Can the enforce her to instill their wants on her behalf?

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Sure they can. They are her parents. They own and control her until she is 18. And you can bet that now that she's gone out and gotten pregnant, that control is about to tighten up 1000%. If your son wants access to the child, he'll need to establish that right in court. Her parents will still maintain authority over their own daughter, and cases where the mother is a minor get complicated by the fact that the minor mother isn't in control of what she herself is able to do.

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The mother said I will never see my granddaughter again and stated this on her blog,

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She can say the sky is pink too. Doesn't make it the truth. She can make it DIFFICULT for visitation to occur until her own minor child is 18, at which time the mom, as an adult is the one making all the decisions. The way to deal with that, as your attorney will no doubt do, is help your son craft a visitation plan that intentionally and strategically limits the amount of contact that your son has with them (the mother AND her parents) and concentrates on the logistics of getting the baby into his company for his visitation time with as little friction as possible - for example you drive him over, he goes to the door, mom or grandparents turn the child over as per the visitation order he's about to get, you take dad and the baby back to your house, spend some time, and return the child in reverse order.

I'd expect mom's mom to try to fenagle that visitation only occur in their home, yada yada yada - using "excuses" like "the child is too young to travel", "the child is being breastfed and can't be away from the mother for too long", and the other usual stuff that many mothers attempt to use as reasons why the child needs an overseer to be with their other legal parent. Realistically, none of these reasons hold water - dads are every bit as capable of caring for a child as mothers are, breast pumps can be gotten at any local drug store, and in this case dad has the advantage of having an experienced baby-raiser, you, around if he needs help. The attorney representing dad will know how to address each of these issues.

Thank you all for the responses, their greatly appreciated.

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? 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?

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?

Thank you all once again!!

Per statute, South Carolina family courts have jurisdiction over grandparent visitation if parents are deceased, divorced, or living separate and apart.

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Quoting South Carolina Code, Sec. 63-3-530(33)

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(33) to order visitation for the grandparent of a minor child where either or both parents of the minor child is or are deceased, or are divorced, or are living separate and apart in different habitats, if the court finds that:

(1) the child's parents or guardians are unreasonably depriving the grandparent of the opportunity to visit with the child, including denying visitation of the minor child to the grandparent for a period exceeding ninety days; and

(2) the grandparent maintained a relationship similar to a parent-child relationship with the minor child; and

(3) that awarding grandparent visitation would not interfere with the parent-child relationship; and:

(a) the court finds by clear and convincing evidence that the child's parents or guardians are unfit; or

(b) the court finds by clear and convincing evidence that there are compelling circumstances to overcome the presumption that the parental decision is in the child's best interest.

The judge presiding over this matter may award attorney's fees and costs to the prevailing party.

For purposes of this item, "grandparent" means the natural or adoptive parent of any parent to a minor child;

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Note that all three elements (1, 2, and 3) must be met in order to satisfy the statute.

In relation to a visitation order, mom can ask for whatever she wants to ask for. We don't know how old or responsible dad is, or whether he has an appropriate place for the child to stay - something the court would consider if he requests overnights. There are hundreds of factors that could affect a court's decision as to whether or not supervised parenting time would be appropriate, and who might be a suitable person to provide supervision; most of them are a matter of common sense (drug abuse, alcoholism, history of neglect/abuse, domestic violence, etc., usually with some combination of factors). The judge will consider the interest and capacity of the parties, the facts, and the best interest of the child.

Thank you for prompt response Mr. Knowitall, your a blessing.

Dad is 18 years old, will be attending college in the new year.

We have a play yard for infant to relax and sleep in (although the mother and her parents would say that's hardly a place for a child to sleep all night), car seat, and every neccessity one can think of (bottles, diapers, clothing, etc).

Once the child is older we have a twin bed she can sleep in. Infant is on breast milk currently (via bottle, not breast; though they more than likely will use that as the next excuse).

She wrote on her blog "I hope she got a good look at her grand-daughter because she will never see her again!!"

Thanks sweetheart, I appreciate everyone's feedback!

quit reading her blog. I suspect she is writing things with the knowledge you will read it and get all upset.


I could not find a parenting time guideline for your state but I did find a site that listed what appears to be either an actual set of guidelines or what the courts typically determine as reasonable:

http://www.scfathersandfamilies.com/...ion%20page.pdf
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Unless otherwise specified, the term “reasonable visitation” contained in a Family Court Order in the State of South Carolina shall mean parenting time in compliance with the provisions contained herein.
Please note that the Judges prefer that the parents consult and agree upon parenting time because it is the parents who best know their own work and child’s schedule. A parenting time schedule agreed upon by both parents is more likely to work to the satisfaction of the parents and the child. This schedule may be used as a starting point to begin negotiations on parenting time.
GENERAL:
THE PARENT WITH PRIMARY CUSTODIAL CARE IS REFERRED TO HEREIN AS THE CUSTODIAL PARENT (CP) AND THE OTHER PARENT IS REFERRED TO AS THE NON-CUSTODIAL PARENT (NCP).
A. INFANT PARENTING TIME (INFANT TO 18 MONTHS)
Because infants are in particularly need of receiving continuity and consistency of care by one primary caretaker and the NCP needs to establish a meaningful bond with the infant, the following parenting time should balance the needs of both parent and infant, regardless of whether that infant has older siblings that enjoy extended parenting time with the NCP.
1. WEEKENDS: The NCP shall be entitled to parenting time on alternate weekends beginning Friday at 6:00 p.m. and ending Saturday at 6:00 p.m.
2. WEEKDAY PARENTING TIME: The NCP shall be entitled to parenting time one evening per week from 5:00 p.m. until 8:00 p.m. The evening shall be the same every week and varied only if conflicts with the holiday or vacation schedule. If the parties cannot agree, weekday visitation shall be on Wednesdays.

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based on that, it appears that the state typically encourages overnight visits on alternate weekends on Friday evening until Saturday evening.

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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