In divorce proceedings, some states may, on petition of the grandparents, grant reasonable visitation rights to either the maternal or paternal grandparents of the minor child or children. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
South Carolina Petition by Grandparent for Visitation Rights With Minor Grandchild on Dissolution of the Marriage of the Parents of Minor Child
State:
Multi-State
Control #:
US-01121BG
Format:
Word;
Rich Text
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FAQ
Grandparents have no legal right to make important decisions for the child. With power of attorney from parents, grandparents' custody is strengthened. Parents can take the child back and terminate power of attorney at any time. Parents still have full legal rights.
This means assuming the right and responsibility to care for the child and make decisions on the child's behalf. Grandparents can generally petition for custody only if: The parent(s) are unfit. The parent(s) have passed away. The parent(s) agree the grandparents should take custody.
Grandparents' Rights Association of SC has been successful in supporting bills and helping to get them passed into law. We speak in front of the SC House and Senate Subcommittee's. We also encourage others to call and e-mail the House of Representatives and Senators.
You can seek guardianship of a minor in South Carolina by filing a petition in the Family Court. You will also have to pay a filing fee and serve a copy on the parents if they are alive. To serve as a guardian, you must be an adult.
All states have currently enacted some form of "grandparent visitation" statute, giving grandparents the right obtain a court order to see and interact with their grandchildren. Visitation orders specify the date, time, and circumstances under which visitation must occur.
In South Carolina, grandparents' rights are derivative of their child's rights. This means that in typical circumstances, a grandparent may visit with a grandchild only when the grandparent's child has visitation.
Grandparents may seek visitation or custody when the parents of their grandchildren are divorced or separated, one or both of the parents are deceased, or when there is a history of abuse or neglect. Courts consider a variety of factors depending on which of the scenarios has brought an individual before the court.
As a grandparent in North or South Carolina, you have the right to petition the court for visitation rights if a divorce, separation, or death has interfered with your grandchild's family life to the point that his or her parents no longer live together.
