In many Lexington families, grandparents play a major role in raising children. But when family dynamics shift—due to divorce, death, or estrangement—many grandparents wonder: “Do I have any legal right to see my grandkids?”
South Carolina does allow grandparents to request visitation under certain conditions, but it’s not automatic. Here’s what you need to know if you’re a grandparent seeking time with a grandchild in Lexington, SC or surrounding areas.
When Can a Grandparent Ask for Visitation?
South Carolina law allows grandparents to ask for court-ordered visitation only in limited situations. Generally, the court considers a grandparent’s petition if:
- The child’s parents are divorced, deceased, or separated.
- The child’s parents are unfit or have denied visitation.
- One parent is deceased, and the surviving parent limits contact.
It’s important to note that parents’ rights come first under South Carolina law. The court will only grant grandparent visitation if denying it would harm the child’s well-being.
What Must Be Proven in Court?
To successfully obtain visitation rights, grandparents must show:
- That they have an existing relationship with the child
- That cutting off contact would cause harm
- That visitation is in the best interest of the child
The burden of proof is on the grandparent. A simple disagreement with a parent isn’t enough. But if the child has lived with the grandparent or relied on them for emotional or physical care, the case may be stronger.
Does the Court Favor Grandparents?
South Carolina courts do not assume that grandparent visitation is always best. The law protects a parent’s right to make decisions about their child’s relationships.
However, Lexington family court judges will look carefully at:
- The child’s emotional bond with the grandparent
- Any history of caregiving or cohabitation
- The child’s age and preferences (when appropriate)
If the grandparent has stepped in during times of instability or parental absence, the court may be more inclined to allow visitation.
Can Visitation Be Modified or Terminated Later?
Yes. Just like custody or support orders, grandparent visitation can be modified or ended if circumstances change. For example, if the child moves or the grandparent becomes unwell, either party can request a review.
Also, if the relationship between the grandparent and child becomes strained, the court can revisit the order to make sure it still supports the child’s best interests.
Quick FAQ
Q: Can I get visitation if both parents object?
A: It’s very difficult, but not impossible. You’ll need to prove serious harm to the child if visitation is denied.
Q: Do I need a lawyer to file for visitation?
A: It’s highly recommended. These cases involve complex standards, and local experience matters.
Q: Can I also request custody as a grandparent?
A: In extreme cases, yes. If both parents are unfit, grandparents may pursue custody instead of visitation.
Take the First Step Toward Rebuilding the Bond
If you’re a grandparent who’s been cut off from your grandchild, don’t assume nothing can be done. South Carolina family courts recognize that extended family can play a critical role—especially in difficult times.
Call The Farley Law Firm in Lexington to schedule a confidential consultation and find out what options may be available in your case
Disclaimer
This information is for general education only and is not legal advice. Schedule an appointment to discuss your situation.