Grandparents often play a huge role in children’s lives, especially in close-knit Lexington families. But in South Carolina, courts prioritize parents first when deciding custody. Grandparents only gain custody in specific, limited situations.
When Grandparents May Seek Custody
South Carolina law allows grandparents to pursue custody if:
- Both parents are unfit due to abuse, neglect, or substance abuse.
- Neither parent can provide a stable home.
- The child’s safety or well-being is at risk in the parent’s care.
Even then, the court’s focus is always the best interests of the child.
Custody vs. Visitation Rights
It’s important to distinguish between custody and visitation:
- Custody means legal authority to raise the child.
- Visitation allows grandparents to spend time with the child, often when a parent blocks access.
Grandparents may be awarded visitation under limited circumstances, particularly if one or both parents are deceased or unfit.
Lexington Judges’ Approach
Family court judges in Lexington County look at:
- The child’s relationship with the grandparents.
- The child’s need for stability and continuity.
- The ability of grandparents to provide a safe, nurturing environment.
Judges do not make these decisions lightly — the burden of proof is high.
Quick FAQs
Do grandparents automatically have custody rights?
No. Parents have priority unless proven unfit.
Can grandparents step in during DSS cases?
Yes. Sometimes DSS will recommend placement with grandparents if parents cannot safely care for the child.
Is it easier to get visitation than custody?
Yes, but both require proving it’s in the child’s best interests.
Disclaimer
This information is for general education only and is not legal advice. Schedule a consultation to discuss your situation.