What are grandparents' rights to visitation?

What are grandparents' rights to visitation?

On behalf of Aaron & Aaron, Attorneys at Law posted in Child Custody on Tuesday, December 16, 2014.

When the parents of a child go their separate ways in South Carolina, it can be a difficult time for all concerned. Custody needs to be decided and visitation arrangements must be made for the non-custodial parent. Generally, the best interests of the child are kept at the heart of all this and steps are taken to ensure that the child receives as much access to each parent as possible.

But what about the grandparents? Many children are very close to their grandparents and often parents may remain on good terms with the parents of their former partner, even if they no longer see eye to eye with him or her. While the parents themselves can make arrangements between them to allow the children to see their grandparents, if a dispute arises, the court may have to rule on the matter.

As this South Carolina Bar article on grandparent rights explains, the general rule is that a grandparent has visitation rights if their son or daughter who is the parent of the child has these rights. Of course, every case is unique, so, provided the grandparent are approved, in certain circumstances a court may rule in favor of a grandparent being able to see a child even if their son or daughter is not permitted to.

If you are concerned about your rights, an attorney may be able to advise you. He or she can consider your situation and guide you through the process of appealing for your rights. This in turn may increase your chances of earning visitation permissions and allowing you to retain your relationship with your grandchild.