Grandparent’s Rights Attorneys in Rock Hill, SC

Here to Help

There are few bonds more precious in life than the one between a grandparent and grandchild. When a parent denies visitation or access to grandchildren, many grandparents wonder what legal avenues are available to them in this all-too-common scenario. With the help of grandparent’s rights attorneys in Rock Hill, SC, find out what the legal options are as they apply to your unique family situation. By working closely with experienced family law attorneys, it may be possible to come to a more agreeable legal solution tailored to the needs of your family. Whatever the situation may be, an experienced grandparent’s rights attorney may be able to help. From explaining available options to representing you in a court of law, a grandparent’s rights lawyer serves the unique legal needs of grandparents to reach an outcome.

Am I Entitled to Visitation?

When the parents cut off visitation or access to grandchildren, grandparents start to question what their grandparent visitation rights are regarding their grandchildren. While biological parents have a legal right to visitation with their children unless otherwise ruled by a judge, grandparents do not have the same type of legal visitation rights to their grandchildren, even when the grandparent and grandchild have a substantial relationship. If the parents of the child have decided to cut off contact with a grandparent, there are not many legal avenues available. While there are some scenarios where a grandparent may be able to request visitation rights, the final say in most cases will rest with the child’s parent. This is not to say that grandparents have no legal recourses available, especially when they have a substantial relationship already in place. An experienced grandparent’s rights lawyer will be able to work with clients to determine what may be possible given the circumstances.

In What Scenarios Would I Have Visitation Rights?

There are a few scenarios where grandparents may have the right to request a visitation order from the courts. For example, if the parents of the child are divorced or separated, a grandparent has the right to petition the courts for visitation rights, especially if the grandchild is being withheld by the parent who is not the biological child of the grandparent seeking visitation but rather the grandchild’s other parent. If one parent has passed away, it is not uncommon for the surviving parent to move away, which cuts the child off from seeing the parents of their deceased parent. There may be other legal circumstances where grandparents may have the right to ask for a visitation order, but it is always a good idea to consult an experienced grandparent’s visitation rights lawyer for further advice on your specific situation.

Can a Grandparent Seek Custody?

There are a number of instances where a grandparent may be able to seek custody of their grandchild. For example, if both parents of the child are deceased, grandparents may start the child custody process. If both biological parents are in jail, grandparents may seek child custody. If both parents have drug or alcohol addictions impairing their ability to parent their child, grandparents may seek legal custody of grandchildren. In some cases, it may be necessary to terminate parental rights before a judge will grant child custody of grandchildren to the grandparents. Whether dealing with a voluntary loss of parental rights or a judge-ordered termination, working closely with an experienced family law lawyer may help you find the right solution for your family on the matter of child custody. In the event that a grandparent seeks child custody, they would be expected to follow all of the legal steps and actions as outlined by the family law judge.

What Are My Rights in an Adoption?

Another common scenario where grandparents start to question their visitation rights is during and after an adoption. For example, if your biological grandchild was adopted by another family, it may be possible to secure visitation rights under certain conditions. If the grandchild is the biological child of a deceased parent, a judge may grant that the deceased parent’s parent be granted visitation since the deceased did not consent to the adoption. While it only happens in rare cases, there are legal precedents where grandparents have been granted visitation rights following the adoption of their biological grandchild. The law is a complex matter with many intricacies and nuances. With this in mind, speaking with a grandparent’s rights attorney is always a good way of assessing the possible legal avenues based on your unique situation.

Seek Legal Advice Today

Regardless of the reason for the separation between grandparent and grandchild, South Carolina law respects the value this relationship offers for the child. When attempting to seek visitation rights with your grandchild, it is crucial that you demonstrate a substantial relationship with beneficial impacts for the child as they develop and age. By working closely with an experienced family law attorney, make sure you are ready to fight for your legal rights. Contact our law firm at 803-324-9009 today to get started.