Do Grandparents Have Rights in South Carolina?

Grandparents’ rights in South Carolina are narrow and conditional. Under S.C. Code § 63-3-530(A)(33), a grandparent can ask a family court for visitation only when the child’s parents are divorced, separated, or one or both have died, and even then the grandparent must prove by clear and convincing evidence that the parents are unfit or that compelling circumstances justify overriding the parents’ decision.¹ A separate statute, S.C. Code § 63-15-60, lets a grandparent who has actually been raising a grandchild seek custody as a de facto custodian. If the child’s parents are married and living together, no grandparent visitation petition is available at all.

Who Counts as a Grandparent, and When You Can File

The statute defines “grandparent” as the biological or adoptive parent of the child’s biological or adoptive parent. Step-grandparents and great-grandparents do not qualify.¹

Standing to file for visitation exists only in three family situations:

One or both parents have died.
The parents are divorced.
The parents are living separately.

When the parents are married and living in the same household, a grandparent has no legal path to petition. The court will not entertain a third-party challenge to the decisions of an intact family.¹

What You Have to Prove to Get Visitation

Clearing the standing hurdle only gets you into the courtroom. From there, a grandparent must satisfy every part of a multi-step test. Missing any one piece ends the case.

Unreasonable Denial of Contact

You must show that the parents or guardians have unreasonably blocked visitation, including a denial that has lasted more than ninety days.¹ The ninety-day period by itself is not enough. A parent who offers reasonable alternatives or who has legitimate safety concerns is not acting unreasonably, so you need to demonstrate that the cutoff has no good justification behind it.

No Interference With the Parent-Child Relationship

The court must also find that ordering visitation would not interfere with the bond between parent and child. Hostile relationships between the grandparent and the parent often sink a case here. If visits would drop the child into the middle of an ongoing adult conflict, a judge is likely to conclude that the arrangement would do more harm than good.

Parental Unfitness or Compelling Circumstances

On top of the first two findings, the grandparent must prove, by clear and convincing evidence, one of the following:

Parental unfitness, meaning the parents cannot properly care for the child because of abuse, neglect, substance dependency, or similar serious problems.
Compelling circumstances strong enough to overcome the legal presumption that the parents’ decision reflects the child’s best interest. Courts weigh factors like the depth of the grandparent-grandchild bond, whether the grandparent has acted as a primary caregiver, and whether cutting off contact would genuinely harm the child.

Most grandparents take the compelling-circumstances route, because an unfitness finding is a serious allegation. Either way, generic statements about how much the child enjoys visits will not carry a case. The evidence has to be specific and substantial.¹ “Clear and convincing” is a higher standard than the “more likely than not” test used in most civil cases.

The Custody Path: De Facto Custodian Status

If you have actually been raising your grandchild, S.C. Code § 63-15-60 opens a stronger door than visitation. You can ask the court to recognize you as a de facto custodian, which gives you standing to seek custody.

You must show by clear and convincing evidence that the child lived with you and that you were the primary caregiver and financial provider for:

Six months or more if the child is under three years old.
One year or more if the child is three or older.

Any time that passes after a parent files a legal action to regain custody does not count toward the minimum.²

Once the court confirms de facto custodian status, you have standing to pursue either visitation or custody. Custody still requires clear and convincing proof that the parents are unfit or that other compelling circumstances exist. A person recognized as a de facto custodian must be joined as a party in any related custody proceeding, so your position in the case is formal rather than advisory.²

What Adoption Does to Grandparent Rights

Adoption usually ends grandparent rights. Under S.C. Code § 63-9-760, a final adoption decree severs the legal relationship between the child and any biological parent whose rights are terminated, and the grandparent’s rights that flowed through that parent typically disappear with it. Any pre-adoption agreement with the adoptive parents about continued contact is not enforceable in South Carolina courts.³ The situation comes up most often in stepparent adoptions, where a new spouse adopts the child and the grandparent on the other side loses standing.

Starting a Case

A visitation case begins with a written complaint filed in the family court for the county where the grandchild lives. The complaint should spell out the facts for every element: the family situation that creates standing, the history of denied contact, the nature of the relationship with the grandchild, and the basis for claiming either parental unfitness or compelling circumstances. The filing fee is $150, and a grandparent who cannot afford it can file a motion to proceed without payment.⁴

After filing, the parents must be formally served with the complaint and a summons. They then have thirty days to file a written response. Many grandparents hire a private process server, which usually runs between $45 and $150.

South Carolina family court rules require at least three hours of mediation unless the parties reach an agreement sooner.⁵ A written agreement from mediation goes to the judge for approval. If mediation fails, the case moves to a contested hearing.

One financial risk deserves attention before filing. The statute allows the judge to award attorney’s fees and costs to the prevailing party, so a grandparent who loses can be ordered to pay the parents’ legal bills on top of their own.¹ An honest assessment of the evidence is worth doing before anything is filed.

Changing a Visitation Order Later

Visitation orders can be revisited. Either side can ask the court to modify an existing order, but the person seeking the change must show a substantial change in circumstances since the order was entered. Minor shifts or developments that were foreseeable at the time will not qualify. A parent’s relocation, a serious health issue, or a breakdown in the conditions that supported the original schedule can meet the standard. The child’s best interest guides the court’s decision on any adjustment.

Financial Help for Grandparents Raising a Grandchild

Grandparents who are the day-to-day caregiver for a grandchild carry costs that go well beyond legal fees. Several South Carolina programs can help, whether or not a court case is in the picture.

TANF child-only grants through the South Carolina Family Independence program provide cash based on the child’s income alone, not the grandparent’s, and are not subject to the time limits or work requirements that apply to other TANF benefits. Apply through the South Carolina Department of Social Services at 1-800-616-1309.
South Carolina Healthy Connections offers free or low-cost Medicaid and CHIP coverage for children in kinship households, regardless of the grandparent’s own insurance.
Grandparents receiving a TANF child-only grant may qualify for childcare assistance of 52 weeks or more, though a co-payment can apply.
The Family Caregiver Support Program, through the South Carolina Lieutenant Governor’s Office on Aging at 1-800-868-9095, offers flexible help for respite care, childcare, and academic support to grandparents age 55 and older raising a related child.
Regional kinship care coordinators at the South Carolina Department of Social Services help relative caregivers find and apply for local resources. The number is 803-898-7601.

South Carolina also participates in the federally funded Kinship Navigator Program, which connects relative caregivers with training, legal assistance, and community referrals.⁶ Dialing 2-1-1 is a quick way to get pointed toward local services.

1
South Carolina Legislature. South Carolina Code Title 63, Chapter 3, Section 63-3-530
2
South Carolina Legislature. South Carolina Code Title 63, Chapter 15, Section 63-15-60
3
South Carolina Legislature. South Carolina Code Title 63, Chapter 9, Section 63-9-760
4
The South Carolina Judicial Branch. Family Court Filing Fees
5
The South Carolina Judicial Branch. South Carolina Court Rules – ADR Rule 6
6
Administration for Children and Families. The Kinship Navigator Program