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originallawyer
originallawyer, Family Law Attorney
Category: Family Law
Satisfied Customers: 799
Experience:  7+ years of experience in divorce, custody battles and mediation.
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I live in Georgia, my grandchildren in SC; are there

Customer Question

I live in Georgia, my grandchildren in SC; are there grandparental rights as to visitation and contact?
Submitted: 10 months ago.
Category: Family Law
Expert:  originallawyer replied 10 months ago.

Under South Carolina law (which would apply since that's where the children live), you don't have automatic rights of visitation or contact. To establish visitation or contact, you'd need to file a court case and show that one of the following scenarios is true.

South Carolina Code of Laws SECTION 63-3-530. Jurisdiction in domestic matters.

(A) The family court has exclusive jurisdiction:

(33) to order visitation for the grandparent of a minor child where either or both parents of the minor child is or are deceased, or are divorced, or are living separate and apart in different habitats, if the court finds that:

(1) the child's parents or guardians are unreasonably depriving the grandparent of the opportunity to visit with the child, including denying visitation of the minor child to the grandparent for a period exceeding ninety days; and

(2) awarding grandparent visitation would not interfere with the parent-child relationship; and:

(a) the court finds by clear and convincing evidence that the child's parents or guardians are unfit; or

(b) the court finds by clear and convincing evidence that there are compelling circumstances to overcome the presumption that the parental decision is in the child's best interest.

The judge presiding over this matter may award attorney's fees and costs to the prevailing party.

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