In Need of a Grandparents’ Rights Attorney in Greenville?
In some cases, this could involve simple communication that keeps grandchildren in touch with their grandparents, by phone, online, or in person. Other times it can be scheduled visitation rights after a divorce or the loss of one parent, which creates a divide between kids and the elders who loved them.
Other times, grandparents can legally intervene to pursue temporary or permanent custody of their grandkids when their parents or guardians are placing them in danger.
No matter your unique circumstances, our Greenville County grandparents’ rights attorneys want to help you produce the necessary evidence that your grandchildren will be better off with your involvement in their lives in the capacity you would like to explore.
Can I Pursue Visitation Rights if My Grandkids’ Parent is Keeping Them From Me?
Our Greenville grandparents’ rights attorneys know that certain shifts in family dynamics can change the frequency with which grandkids and grandparents spend time together.
The most common cases include when parents get divorced, and the grandparents’ child is not the one who gets primary custody — or any custody rights at all. If you are a grandparent who knows your child is not going to make a concerted effort to be a part of their children’s lives, but you would like to stay actively involved, it is typically up to the custodial parent to make that relationship work.
If he or she is opposed to the idea, it is important to understand why. This is because the court is going to want to know that too, should you pursue legal visitation rights.
For instance, are you asking for visitation rights so the other parent can visit the children in your home, even though they do not have any legal rights to the children? If so, a judge will likely side with the custodial parent. The same is true if you want visitation rights to interfere with the child and the custodial parent’s relationship.
The South Carolina family courts will consider your grandparents’ rights to visit your grandchildren if the request is in good faith — not to damage their existing relationships.
When grandparents offer substantial benefits to being part of their grandkids’ lives, we want them to pursue their rights and achieve success. Contact our Greenville family law attorneys today to learn more.
Can I Pursue Custody of My Grandchildren 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.
South Carolina grandparents may be eligible to pursue custody of their grandchild(ren) when either of the child’s parents is/has:
- Forfeited their parental rights.
- Unfit, due to abuse, neglect, drug, or alcohol abuse.
Pursuing custody of your grandchildren in South Carolina requires physical proof that the parent(s) cannot care for their children or are placing them in harm’s way. This requires more than an allegation, but time to build a case that allows you — the grandparents — to achieve the best outcome for both your and your grandkids’ needs. 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.
I Have Raised My Grandchildren Since Birth. Can Their Parents Take Them From Me?
A grandparent may qualify as a de facto custodian, and proven to be the primary caregiver and financial supporter of the children, 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.
There is also the possibility that our attorneys could argue you were the psychological parent of the grandchild under South Carolina family court law.
If you have had your children since they were born, and their parent is seeking custody now — for whatever reason, including that he or she is out of jail, rehabilitated, or otherwise — our grandparents’ rights attorneys understand the stress and anxiety you are experiencing. We want to help you understand your legal rights, so you do not have to be afraid of the unknown.
Contact our grandparents’ rights attorneys in Greenville County at the David W. Martin Law Group today by calling (803) 590-1958 . We know how important your relationship with your grandkids is, and we want to help you preserve it. Call us now to learn more.