Harling and West Law Firm

FAMILY LAW

DEFENDING YOUR RIGHTS IN LEXINGTON COUNTY

Grandparents' Rights

In 2010, new laws designed to protect grandparents’ rights passed in South Carolina. These laws opened the door for grandparents who had close relationships with their grandchildren to receive visitation rights from the court upon the death, divorce, or separation of the child’s parents. First, however, grandparents must prove why the surviving parent’s decision against visitation should be overruled. The grandparent must then be able to demonstrate that his or her situation meets all three of the following requirements:

  • Any surviving parent must be "unreasonably" prohibiting contact between the child and his or her grandparents. The minimum threshold for unreasonable denial of contact is 90 days.
  • The grandparent must be able to prove that he or she had a very close, almost parental relationship with the grandchild.
  • The grandparent must be able to prove that his or her visitation would not damage the grandchild's relationship with the surviving parents.

South Carolina Family Law Firm

The legal team at our Lexington County family law firm is committed to protecting our clients’ rights as grandparents. We understand that your relationship with your grandchild is extremely important to you. We also understand that the laws keeping you from seeing your grandchild are complex, and enforcing your rights can be a difficult undertaking.

At Harling & West, LLC, however, our lawyers have years of experience and a track record of success in this area. We understand the laws that impact your situation, including South Carolina Children’s Code § 63-3-530A-33, and the proactive measures you can take to assert your rights. Let us fight effectively for your family at this time. Call Harling & West, LLC today to schedule a consultation with a caring and experienced lawyer who can help you protect your rights and the interests of your grandchild.