In Need of A Grandparents’ Rights Attorney in Rock Hill, SC?
At the David W. Martin Law Group, our Rock Hill family law attorneys know when South Carolina parents divorce, their extended families lose some of the contact they were accustomed to sharing with the children. Growing distance between family members is often an unseen casualty of divorce, no matter how close the families were before.
We also know aunts, uncles, cousins, and certainly grandparents, all play an integral role in the well-rounded growth of children of all ages. Unfortunately, this is not always clear to the parent who gains primary custody of the children. Certainly, his or her family may remain involved in the kids’ day-to-day lives, appearing at sports events, school plays, birthdays, holidays, and other important functions. But what about the non-custodial parent’s family? Do they have the same rights?
Our Rock Hill grandparents’ rights lawyers know that letting go of consistent contact with your grandkids can be heartbreaking. The anxiety and sadness that comes with losing the special relationship grandparents share with their grandchildren can be overwhelming. The question becomes, what can you do about it?
Our York County grandparents’ rights attorneys have answers. Here is what South Carolina grandparents need to know about pursuing and/or maintaining their influence in their grandkids’ lives after their child is divorced from their other parent.
Can I Force My Grandkids’ Custodial Parent to Share My Grandchildren With Me?
Our Rock Hill grandparents’ rights attorneys know South Carolina divorces can drive a wedge between the kids and their extended family – especially the side of the family whose parent is the non-custodial parent.
When grandparents lose touch with their grandkids, it can be the result of multiple scenarios, including:
- Their child does not receive primary custody and does not uphold their side of the visitation schedule.
- Their child cannot be found, is incarcerated, or unfit for unsupervised visitation.
- The parent who receives primary custody — meaning the ex-daughter or son-in-law — is not interested in maintaining a relationship with the other parent’s parents, or actively involving them as grandparents in their children’s lives.
Determining why you, as grandparents, have been cut out of the children’s lives is a crucial step in understanding what your legal rights and options are going forward.
The South Carolina family courts will consider your grandparents’ rights to visit your grandchildren if the request is in good faith.
This means you are not seeking time with the children to:
- Damage their existing relationship with their custodial parent.
- Interfere with the custody order.
- Provide a venue where the other parent can see and visit the children, especially if they have been excluded from their lives by the court.
When grandparents offer substantial benefits to being part of their grandkids’ lives, we want them to pursue their rights to have regular contact and visits with them, so the family can grow from the experiences they share. Contact our Rock Hill grandparents’ rights today to learn more.
Our Family Law Lawyers in Rock Hill Represent Clients For the Following Cases Also:
- Alimony
- Child Relocation
- Emergency Custody
- Divorce
- Child Custody
- Child Support
- Fathers’ Rights
- Property Division
- Uncontested Divorce
When Can Grandparents Pursue Custody of Their Grandkids in South Carolina?
Grandparents may have legitimate grounds for pursuing custody of their grandchildren if there is irreparable damage to the parental relationship.
South Carolina parents have custodial rights to their children unless there is proof that they are no longer capable of caring for them on their own, which requires proof that the parent(s) are.
- Deceased.
- Homeless.
- Incarcerated.
- Forfeited their parental rights.
- Unfit, due to abuse, neglect, drug, or alcohol abuse.
If the latter is true, and you believe your grandchildren are in danger, or are being subjected to hazardous conditions, we must provide physical proof that is true. These are serious allegations, and the South Carolina family court is simply not going to take your word for it.
We can help explain the legal threshold required to pursue physical and legal custody of your grandchildren, so the court understands their best interests are being placed first.
What Can I Do If My Grandchildren’s Parent is Trying to Regain Custody of Them?
At the David W. Martin Law Group, our grandparents’ rights attorneys in Rock Hill, South Carolina know that there are cases where the grandparents have functioned as the primary caregivers and financial supporters of their grandchildren for years. Some have maintained this role from their births, or as toddlers, when their parents either abandoned them or were not able to care for them properly.
This is often the result of the children’s parents having substance abuse problems that lead them away from parenthood, and back onto the streets. In some cases, the parent(s) will come in and out of the kids’ lives, while providing no stable support or parental role. In other cases, one or both parents may become rehabilitated, and decide they want their kids back.
This is a scary time for both the grandparents and the children, mostly because they never know if sobriety can be maintained.
The good news for South Carolina grandparents is, they have rights.
A grandparent may qualify as the primary custodian when:
- The child is under three years of age and has resided with the grandparents for six months or more.
- The child is three years of age or older and has resided with the grandparents for one year.
If you are afraid of losing your grandkids to an unstable parent or would like to pursue visitation rights with your grandchildren after your child has gone through a divorce, you do not have to be afraid of the unknown. We can help you understand your rights, and how the law affects your relationship, so you can resume the quality time you once spent with these important kids.
Contact our grandparents’ rights attorneys in Rock Hill, South Carolina at the David W. Martin Law Group today by calling (803) 985-9200. We know how important your relationship with your grandkids is, and we want to help you preserve it. Call us now to learn more.
