An experienced Sumter grandparents rights lawyer and law firm can help when familial relationships become strained and grandparents face challenges in maintaining connections with their grandchildren. The legal landscape can be complicated, but a skilled attorney can help protect your rights and your relationship with your grandchildren. If you have broader family law concerns, consider consulting a trusted Sumter family lawyer for additional guidance.
Grandparents can play a pivotal role in the lives of their grandchildren, often providing emotional support, nurturing, and financial assistance in some cases. We at Kinney Law Firm understand this and want to help our clients understand the rights they are entitled to and the circumstances under which they may be granted.
There are generally two main areas of grandparents’ rights: visitation rights and custody rights. As in many states, South Carolina law is designed to prioritize the interests of the child. The rights of grandparents to maintain a relationship with their grandchildren can be complex and sometimes require legal intervention.
Grandparents can petition to seek visitation under certain circumstances in Sumter and throughout South Carolina during certain situations. These include:
In these situations, the law in South Carolina allows for visitation if the court finds that it would be in the interest of the child. Evidence such as the child’s existing relationship with the grandparent, the potential impact on the child’s emotional well-being, and the reasons for the denial of visitation may be examined by the court to determine the optimal result.
In the event that the grandparents believe the child’s parents are unable to provide a safe or stable environment, they may also pursue custody rights. These rights are much more difficult to obtain than visitation. It is assumed by the courts that the parents are the ones optimally suited to raise their children. However, there are certain circumstances and conditions where grandparents may be granted custody. These include:
The process can be extremely challenging for grandparents who seek visitation or custody in certain situations, although they have the right to do so. In most cases, South Carolina prioritizes parental rights, and because of this, grandparents tend to face significant hurdles and setbacks in their journey for visitation or custody.
Ensuring that children are raised in an environment that supports their emotional and physical well-being, as well as safeguarding the family unit, is the way that law is structured in this state. When determining who gets custody or visitation, the courts can consider factors including the interests of the child, parental rights, the relationship between the grandparent and child, and parental opposition.
A skilled grandparents’ rights lawyer can help you navigate the legal complexities that come with cases like these and give you a chance for success. These attorneys:
Choosing a lawyer with experience in family law and grandparents’ rights, specifically, can be beneficial. Hiring an attorney skilled in this area who is already familiar with the state laws and procedures can save you time. These cases are emotionally taxing, so you may want to find an attorney who is also understanding and compassionate.
It’s also important to seek a lawyer who has a proven track record of successful outcomes and can communicate clearly with you throughout the entire legal process. You may want someone who is responsive and keeps you updated with any information regarding developments in the case.
A: The filing fee for grandparent visitation in SC is $150, plus the cost of having the papers served. There may also be court fees and lawyer fees. Depending on how complex the case is and how long it takes to reach a resolution, the cost can vary greatly. The cases that are settled in a timely manner are much less expensive than those that end up in court and on trial.
A: Unless there is a court order, a parent can deny a grandparent visitation in South Carolina. In this event, if the grandparent would like visitation rights, they need to file a petition through court and come to an agreement with the parents. If the agreement cannot be reached, the case can end up in court, where it may be decided if a court-ordered grandparent visitation right is warranted.
A: Yes, grandparents can legally sue for rights in the state of South Carolina. However, it is important to note that the cases are extremely complex and are almost always assisted by an experienced family law attorney. There are unique and particular situations where the court may go against the parent’s wishes and grant custody to the grandparents if they are able to prove it is in the interest of the child.
A: To win a grandparents rights case, you must prove that it is in the interest of the child for the grandparents to either have visitation or custody of the child, depending on the particular situation. You may do this by proving a strong bond between the grandparent and child, having evidence that the home is unsafe, or demonstrating that the parents are unfit.
Kinney Law Firm is well-versed in the knowledge needed to represent clients dealing with cases like yours. We understand how difficult these situations can be and are prepared to make you a priority in fighting for your rights. Give our office a call today to learn more about how we can help.