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Grandparents Have Rights Too

With Thanksgiving behind us, we officially enter the holiday season and more family gatherings are going to be happening.  The holiday season is one of joy but it can also be one of loneliness and pain especially if you can't be with the ones you love.  

Are you a grandparent who has been intentionally cut off from your grandchildren?  Did you know you have rights to visitation and we at Lazenby Law Firm can help.  On June 9, 2014 Governor Nikki Haley signed into law House bill 4348 amending S.C. Code § 63-3-530 (A)(33), commonly known as the grandparent visitation statute.

The Grandparent Visitation law allows for a family court judge to order visitation for the grandparent of a minor child under limited circumstances.  

First, the grandparent must be the natural or adoptive parent of a parent of the child.

Second, either or both of the parents of the minor child must be deceased, divorced, or living separate and apart in different habitats.

Third, the court must find that the child's parents or guardians are unreasonably depriving the grandparent of the opportunity to see the child, and that visitation must have been denied for at least 90 days.

Fourth, the court must find that the grandparent's relationship with the child is similar to a parent-child relationship.

Fifth, the court must find to a higher standard of evidence (called "clear and convincing evidence") that either (1) the child's parents or guardians are unfit or (2) there are "compelling circumstances" to overcome the legal presumption that the parent or guardian's decision to deny visitation to the grandparent is in the child's best interests.

So if you are a grandparent who has been denied visitation with their grandchild, call us for a free consultation and let us see how we can help you.

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Lazenby Law Firm

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175 Magnolia St Suite 101
Spartanburg, SC 29306

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