ExpertLaw.com Forums

Laws About "Grandparent Rights" In South Carolina

Printable View

  • 02-01-2008, 06:58 PM
    nikkisep
    Laws About "Grandparent Rights" In South Carolina
    Allow me to give you a bit of background info. I have a daughter who is about to be seven years old. The biological father and his family have not seen her, called, or sent a card in almost 5 years. Today, it was finalized in court that I have full custody, the biological father has NO visitation, and her last name was changed to mine (which is also my husbands, and the child that my husband and I have together.) My daughter's biological father has spent the majority of these past few years in prison. Our relationship was abusive, he was a drug addict, and he is currently facing 10-20 years in prison.

    His family came to the court house today and after the judge ordered that I had full custody and he has no visitation, his mother (after leaving the courtroom) began asking his lawyer about grandparent visitation rights. Let me give you some background on this woman. She has been arrested ten or more times in the past few years, her latest arrest being in July 2007 for interfering with a police officer (while he was arresting her son....my daughter's biological father) and for giving false information to the police. Past convictions have been for grand larceny, burglary, etc. She has dated at least 4 or 5 different men that I know of in the past few years. She is currently shacked up with some random man (they are not married) of whom I know NOTHING about. She is a drug user, and has even allowed her children to do drugs, along with doing drugs with them. I do not know if she has any drug charges to back this up, but I could pretty much bet that she would fail a drug test at any given time (I have known her to smoke marijuana, snort cocaine, and smoke crack). She allowed her children (now grown) to smoke cigarettes, do drugs, drop out of school before they were in the 9th grade..all while they were underage IN HER HOUSE.

    About a year and a half ago, she showed up on my doorstep. Stupidly, I had forgotten to have our phone number and address not listed in the phone book and I assume this is how she found me. I didn't look out the peephole when the doorbell rang. My husband was golfing and I was expecting him around this time. I yanked open the door and there she stood, with some strange man. She proceeded to say "Where is (my daughter's name)? I want to see her." Her pupils were floating around in her head, and I could tell she was doped up on something. After all, who shows up at someone's house when they haven't spoken to them or the child in two years? She didn't even attempt to call.
    I told her politely that my daughter and I were busy and that she needed to leave my home. About this time, my daughter came up behind me. "Hi (my daughters name)", she said. My daughter didn't say anything, and I told her to go upstairs, and I would be up there shortly.

    I again asked her to leave my property. She said she was not leaving without seeing my child. I proceeded to tell her that I was calling the police. She told me to call the police, that she would wait right there for them. I shut the door in her face, locked the deadbolt, and got on the phone to the police. They got in their truck, pulled into my driveway, sat there for about five minutes, then left before the police got there. This was the last time we saw them (other than in court.) When she left, my daughter came downstairs and said, wide-eyed "Mama, who was that woman? How did she know my name? Mama, I don't like for strangers to come to the door. I didn't like her." That was the words that came out of her mouth. Other than at court today, this was the only contact made. (No Christmas or birthday cards or gifts, no phone calls, letters, etc.)

    I honestly believe in doing what is best for my child. I understand that there are good parents and grandparents out there who are unfairly being denied the right to have a relationship with their child/grandchild. However, in my situation, no good would come out of this. This woma is a known drug user. She has a LOOOOONG criminal record. She jumps from man to man, living with each of them. She has not had any contact with my child in almost 5 years, other than the incident of her showing up on my doorstep drugged out of her mind. She allowed her children to do things in her home that were disgusting (sex, drugs, alcohol). The thought of any possible visitation with this "woman" makes my stomach turn. My husband and I are Christians. We go to church, we live clean lives. We don't do drugs, we don't drink a drop of alcohol. We own our own home, and we are financially and mentally stable. My child is happy and well supported. She has a wonderful relationship with my parents, my husband (her daddy), and my husband's family, whom she is attached to and loves very much.

    Sorry this was so long, but I felt the background info was necessary. Does anyone know anything about the laws in South Carolina regarding these "grandparent rights"? What factors come into play? (For example, will the fact that she lives with a strange man, who also drives her around because she does not have a driver's license, be a factor? The past drug use? etc) Any info anyone can give me, I would appreciate!
  • 02-01-2008, 07:14 PM
    Baystategirl
    Re: Laws About "grandparent Rights" In South Carolina
    Per your posting I doubt any judge would find that a relationship with a total stranger would be in the child's best interest. Why are you not pursuing a Step-Parent adoption? If something were to happen to you you daughter would go to the custody of her father...And given your description I doubt this is something you would want.
  • 02-01-2008, 07:44 PM
    nikkisep
    Re: Laws About "Grandparent Rights" In South Carolina
    We will be pursuing an adoption by my husband in the near future. However, this was a 2 year long ordeal that put us out ten thousand dollars. At this point, I'm so mentally drained, that I have to put the rest of the court proceedings on hold for about six months. As I said, her biological father is in prison, where he is facing A MINIMUM of ten years. There is no way that he could have custody of her, being the property of the state.
  • 02-01-2008, 08:39 PM
    Baystategirl
    Re: Laws About "Grandparent Rights" In South Carolina
    Quote:

    Quoting nikkisep
    View Post
    We will be pursuing an adoption by my husband in the near future. However, this was a 2 year long ordeal that put us out ten thousand dollars. At this point, I'm so mentally drained, that I have to put the rest of the court proceedings on hold for about six months. As I said, her biological father is in prison, where he is facing A MINIMUM of ten years. There is no way that he could have custody of her, being the property of the state.

    Your money and efforts would have been better spent pursuing a St-parent adoption...But I'm glad it;s "in the works". His family would have standing to seek guardianship so you do want to hustle on the adoption...

    Good luck!!!

    Bay
  • 02-01-2008, 08:52 PM
    nikkisep
    Re: Laws About "Grandparent Rights" In South Carolina
    Well, things such as paternity had to be established. We had never previously been to court, therefore, paternity had to be established, custody had to be determined, etc. I HAD to spend my money to do the things that South Carolina requires. An adoption wouldn't have happened without doing mandatory things (i.e. establishing paternity, going through mediation, etc.) According to what laws I have researched, to put the child in the hands of his family, who are criminal drug addicts, isn't likely. My parents would be more likely to get custody. This wasn't the whole point of my post at all. My question was regarding GRANDPARENT RIGHTS regarding visitation. I am not choosing to go forward with adoption at this time, and I do understand the laws of my state regarding that. Thank you for the advice, but it is unneeded. I am seeking information regarding laws about grandparent rights with regard to a LIVING CUSTODIAL PARENT.
  • 02-01-2008, 09:05 PM
    Baystategirl
    Re: Laws About "Grandparent Rights" In South Carolina
    Okay...Just trying to help. Geesh.:confused:
  • 02-02-2008, 07:52 AM
    lwpat
    Re: Laws About "Grandparent Rights" In South Carolina
    BSG, the only way his family could seek guardianship is if they could prove the OP was unfit. As for grandparents rights in SC, she could take you to court for visitation. I doubt that she has the money for an attorney or the capability of filing pro se. The most a court would give, based on her criminal record, is supervised visitation.

    Your bigger problem may be when he eventually gets out of prison. It may be quicker than you think. I would pursue the adoption. What if something happens to you? Your husband has no rights.
  • 02-02-2008, 09:02 AM
    Baystategirl
    Re: Laws About "Grandparent Rights" In South Carolina
    Quote:

    Quoting lwpat
    View Post
    BSG, the only way his family could seek guardianship is if they could prove the OP was unfit. As for grandparents rights in SC, she could take you to court for visitation. I doubt that she has the money for an attorney or the capability of filing pro se. The most a court would give, based on her criminal record, is supervised visitation.

    Your bigger problem may be when he eventually gets out of prison. It may be quicker than you think. I would pursue the adoption. What if something happens to you? Your husband has no rights.

    I'm was referring to a guardianship in case of the mothers death. Even if they didn't receive guardianship, they have standing to sue for it. That would create a LOT of expense and I would think that, in the event of OP's death, a custody battle would be very difficult for the children.
All times are GMT -7. The time now is 10:12 AM.
Powered by vBulletin® Version 4.2.4
Copyright © 2023 vBulletin Solutions, Inc. All rights reserved.
Copyright © 2004 - 2018 ExpertLaw.com, All Rights Reserved