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GRANDPARENT RIGHTS IN DIVORCE

Why Visitation is often denied:

In divorce cases or similar situations, it is not uncommon that we see grandparents being denied visitation in some degree. For this reason, we often get questions about visitations or even child custody when it comes to grandparent rights in South Carolina family law.

The most typical situation that occurs is when one parent who possesses legal or physical custody disallows their children from seeing their exes parents. Another instance we might see is when a spouse passes away and the surviving parent cuts ties with their deceased spouse’s family. Lastly, in the event of a ‘falling out’ or disagreement, the parents might keep their children from seeing the grandparents they are in disagreement with.

Quite obviously, these instances are very different from one another. However, they each present the same level of pain and trauma to the grandparents who are missing their loved ones, and likely the children as well. We would all like to think that our children or their spouses would never keep our grandchildren from us but it is more common than you might think.

When you find yourself in this scenario…

You might wish to seek out visitation with your grandchildren, or even some form of custody if the circumstances are severe. However, it is important that you understand just how difficult it can be to fight for grandparent rights to custody under South Carolina law. The fundamental rights of parents and legal guardians are well protected and it takes a certain set of issues to lead the court in a different direction. But, that is not to say that it can’t be done.

When you have been the primary caretaker and supporter…

One of the largest factors that can help your case in earning grandparent rights is to prove that you have been the caretaker and financial supporter for your grandchildren in the time leading up to your petition for custody.

We understand that this is a difficult time…

We offer our condolences that your family is in the midst of a struggle. No grandparent wants to watch their grandchildren struggle within their own home. If you feel that you have a compelling case and it is absolutely necessary to gain grandparent rights as well as custody, it is important that you reach out to a family law attorney so that they may guide you in taking the correct steps. While we will not go into the specifics of time frames and proving these factors to the court within this text, we urge you to reach out to our family law team today so that we may answer any questions you have.

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