Columbia Child Custody Attorneys

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.
A court considering grandparent visitation over a parent’s objection must allow a presumption that a fit parent’s decision is in the child’s best interest. So long as a parent adequately cares for his or her children (i.e., is fit), there will normally be no reason for the State to inject itself into the private realm of the family to further question the ability of that parent to make the best decisions concerning the rearing of that parents children. Camburn v. Smith, 355 S.C. 574, 586 S.E.2d 565 (2003).
When one parent dies, the parents of the deceased may still be able to have visitation rights if the meet the criteria in S.C. Code Ann. § 63-3-530(33) and can show compelling circumstances.
In South Carolina also recognizes the doctrine of a psychological parent. There is a 4-part test which is used to evaluate whether or not a person (to include a grandparent) qualifies as a psychological parent:
That the child’s biological or legal parent or parents consented to and facilitated the formation and establishment of a parent-like relationship with the child;
That the petitioner and the child lived together in the same household;
That the petitioner undertook obligations of parenthood through responsibility for the child’s care, education, and development without expectation of financial compensation;
That the petitioner has been in a parental role for a length of time sufficient for a parental bond to be established with the child. Middleton v. Johnson, 369 S.C 585, 633 S.E.2d 162 (Ct.App. 2006).
According to S.C. Code Ann. § 63-15-60, a grandparent may also qualify as a de facto custodian in some circumstances. A de facto custodian means, unless the context requires otherwise, a person who has been shown by clear and convincing evidence to have been the primary caregiver for and financial supporter of a child who:
Has resided with the person for a period of six months or more if the child is under three years of age; or
Has resided with the person for a period of one year or more if the child is three years of age or older.
In gathering information to assist in making a decision, a judge may use investigative agencies, psychologists and others. The Judge may also appoint a lawyer to represent the interest of a child or children.