Spartanburg Grandparents’ Rights Lawyer

Your grandchildren are undoubtedly an important part of your life. If something happens that seriously limits or voids your ability to see your grandchildren, it can harm you and them. While grandparents have no automatic rights in South Carolina, you may have the right to seek visitation through the court.

If you have concerns about your rights as a grandparent, you need an experienced family law attorney in your corner. Consult with a Spartanburg grandparents’ rights lawyer at Holland & Usry today.

Grandparents’ Rights in South Carolina

While grandparents have no automatic right to spend time with their grandchildren, there are specific circumstances in which a grandparent can petition the court for visitation. To begin, the children’s parents must be divorced or separated, or one or both of them must have died. Additionally, all the following must apply to your situation:

• You are the biological or adoptive parent of one of your grandchildren’s parents.
• One or both of the children’s parents are living somewhere other than where the children live.
• The court finds that the parents or guardians of the children are depriving them of the opportunity to spend time with you unreasonably. For example, denying visitation for more than 90 days – after regular contact in the past – may qualify as unreasonable.

In addition, the court must determine with the high standard of clear and convincing evidence that one of the following applies:

• The children’s parents or guardians are unfit.
• There are compelling circumstances that override the presumption of the parent or guardian’s decision prevailing in relation to denying you visitation.

In other words, gaining visitation with your grandparents is a high bar. If you can prove that each of the requirements applies, however, you may receive court-ordered visitation with your grandchildren. A Spartanburg grandparents’ rights attorney can help.

Establishing a Visitation Schedule

It’s important to keep in mind that parents’ rights are far stronger than grandparents’ rights. In fact, grandparents are not guaranteed any rights regarding visitation with their grandchildren. If you receive a court-ordered visitation with your grandchildren, however, it is legally enforceable. This means their parents or guardians can’t deny you this right.

A Visitation Schedule that Isn’t Disruptive

When a South Carolina court grants a grandparent visitation with their grandchildren, they ensure that the schedule does not interfere with the parent-child relationship. In addition, they are careful not to disrupt the children’s normally scheduled activities. In other words, children who stay very busy generally have less time to share with their grandparents.

When Grandparents’ Visitation Is More Likely

The cases in which grandparent visitation is most likely to be granted are those in which the visitation sought does not affect the children’s close relationship with their parents. For example, if you are granted visitation when the children normally have a babysitter, it doesn’t take any time away from their parents.

If your grandchildren’s parents are determined to have based their visitation denial on something unreasonable, the court will be more inclined to grant you visitation. For example, withholding visitation from a grandparent who poses a safety threat is not unreasonable. If the reason is to punish you rather than to support the children’s best interests, however, the court may deem their motivation unreasonable.

Working closely with a seasoned grandparents’ rights lawyer in Spartanburg is advised.

You Need Our Spartanburg Grandparents’ Rights Attorney on Your Side

A Spartanburg grandparents’ rights lawyer at Holland & Usry understands how important spending time with your grandchildren is to you, and we are well prepared to build a strong case that bolsters your legal position. Continuing to spend time with your grandchildren is one of life’s greatest rewards, so please don’t wait to contact or call us for a case review today.