SC GRANDPARENT VISITATION LAW
SECTION 1. Section 63-3-530(A)(33) of the 1976 Code, as added by Act 361 of 2008, is amended to read:
“(33) to order visitation for the grandparent of a minor child where either or both parents of the minor child is or are deceased, or are divorced, or are living separate and apart in different habitats, if the court finds that:
(1) the child’s parents or guardians are unreasonably depriving the grandparent of the opportunity to visit with the child, including denying visitation of the minor child to the grandparent for a period exceeding ninety days; and
(2) that awarding grandparent visitation would not interfere with the parent-child relationship; and:
(a) the court finds by clear and convincing evidence that the child’s parents or guardians are unfit; or
(b) the court finds by clear and convincing evidence that there are compelling circumstances to overcome the presumption that the parental decision is in the child’s best interest.
The judge presiding over this matter may award attorney’s fees and costs to the prevailing party.
For purposes of this item, ‘grandparent’ means the natural or adoptive parent of any parent to a minor child;”
SC LAW GIVING GRANDPARENT’S STANDING IN FAMILY COURT WITH DSS CASES
SECTION 1. Section 63-7-730 of the 1976 Code is amended to read:
“Section 63-7-730. (A) If the court orders the child to remain in the legal custody of the department at the probable cause hearing finds at the probable cause hearing that the department made reasonable efforts to prevent removal of the child and that continuation of the child in the home would be contrary to the welfare of the child, the family court may order expedited placement of the child with a grandparent or other relative of the first or second degree. In making this expedited placement decision, the court shall consider the totality of the circumstances including, but not limited to, the individual’s suitability, fitness, and willingness to serve as a placement for the child. The court shall require the department to check the names of all adults in the home against the Central Registry of Child Abuse and Neglect, other relevant records of the department, county sex abuse registers, and records for the preceding five years of law enforcement agencies in the jurisdiction in which the person resides and, to the extent reasonably possible, jurisdictions in which the person has resided during that period. The court may hold open the record of the probable cause hearing for up to twenty-four hours to receive the these reports and based on these reports and other information introduced at the probable cause hearing, the court may order expedited placement of the child in the home of the relative. Nothing in this section precludes the department from requesting or the court from ordering pursuant to the department’s request either a full study of the individual’s home before placement or the licensing or approval of the individual’s home before placement.
(B) If the court orders expedited placement of the child with a grandparent or other relative of the first or second degree, the individual must be added as a party to the action for the duration of the case or until further order of the court
The Link to contact your House Representatives, this will send your concerns to EVERY House member. http://www.scstatehouse.gov/email.php?T=M&C=HMEMBERS
The Link to contact your Senator’s, this will send your concerns to EVERY member of the Senate. http://www.scstatehouse.gov/email.php?T=M&C=SMEMBERS
Support Group: Alienated Grandparents Anonymous: http://www.aga-fl.org/
The Parenting Place has been serving families and strengthening communities since 1991. We are a Family Resource Center committed to addressing the needs of families in The Upstate by providing a coordinated set of services to help every mother and father become the best parent they can be. Our goal is for every home to be a safe and healty environment where children thrive.
LegalShield is a 49 state network of law firms dedicated to meeting the needs of its members. The fee in most states (only Alaska is not in the network) is $20 per month. All members receive unlimited legal advice by phone from 8:30 to 5:00, free wills and health care power-of-attorney, legal defense against lawsuits, legal defense in IRS audits and legal forms reviewed by attorneys. If you contact them, please be sure and mention that you found them through the Grandparents’ Rights Association. https://sites.legalshield.com/aasites/Multisite?site=hub&assoc=jlsteinberger
Grandparents’ Rights Association of USA and SC is not affiliated with these web sites. We list them here as a service to those looking for more information on the subject of Grandparent Visitation and Parental/Grandparent Alienation.