Most courts give great deference to the parents of children in child custody matters, and grandparents are awarded custody of their grandchildren only under limited circumstances.

For example, if both parents are unfit to have custody of their children, or if both parents are deceased, or if one parent is deceased and the other is in prison, grandparents may petition the court for custody of their grandchildren.

And grandparent visitation rights vary from state to state, and are often conditioned on certain circumstances, such as when the child’s parents are divorced, separated, or deceased.

In South Carolina, the courts prioritize the rights of parents in child custody matters, aligning with the general principle that parents have the primary right to the care, custody, and control of their children. Grandparents may be awarded custody in certain exceptional circumstances, such as when both parents are deemed unfit, both have passed away, or one is deceased and the other is incarcerated. As for visitation rights, South Carolina law does provide for grandparent visitation under specific conditions. These conditions may include situations where the parents are divorced, separated, or deceased. The state statute, specifically Section 63-3-530(A)(33) of the South Carolina Code, allows grandparents to petition for visitation rights if the parents are unreasonably depriving the grandparents of the opportunity to visit with their grandchildren, among other stipulations. The court will consider the best interest of the child when making a determination on custody or visitation rights for grandparents.