Do Grandparents Have Visitation Rights in South Carolina?

Grandparents and parents aren't equal under the law. Grandparent visitation rights are always secondary to a parent's rights. But in certain cases, a court can order grandparent visits, even if the child's parent objects.

A judge will weigh several factors when determining visitation, prioritizing the child's emotional and physical needs. Here's an overview of grandparent visitation rights in South Carolina.

Grandparent Visitation in South Carolina

Grandparents may seek court-ordered visitation if one or both parents of a child are deceased, divorced, or separated and living apart. To grant visitation, the judge must find that:

• the child's parents are unreasonably preventing the grandparent from visiting the child, including denying visits for more than 90 days
• the grandparent maintained a relationship similar to a parent-child relationship with the child, and
• granting visitation won't interfere with the parent-child relationship.

The judge must also find by clear and convincing evidence that the child's parents are unfit, or that there are compelling circumstances that overcome the presumption that the parents' decision to deny visitation is in the best interests of the child.

(S.C. Code § 63-3-530(A)(33) (2025).)

Can Grandparents Get Custody of a Grandchild?

In South Carolina, a judge may name a grandparent the "de facto custodian" of their grandchild if there is clear and convincing evidence that the grandparent has been the primary caregiver and financial supporter of the child for:

• six months or more if the child is under three years old, or
• one year or more if the child is three years or older.

After being recognized as the de facto custodian, the grandparent can then petition the court for visitation or custody if there is clear and convincing evidence that the child's parents are unfit or other compelling circumstances exist.

(S.C. Code § 63-15-60 (2025).)

Are Grandparent Rights Protected by the U.S. Constitution?

Like divorce and child custody, grandparent rights are matters decided by state law. Although there isn't a federal law governing grandparent visitation rights, the Troxel v. Granville case comes close. In 2000, the U.S. Supreme Court affirmed that a judge must consider a parent's reasons for preventing grandparent visits and that grandparent visitation shouldn't be awarded automatically. Visitation isn't in every grandchild's best interests. A court must assess the child's needs and the parents' wishes before mandating that a child spend time with a grandparent. In situations where grandparent visitation is appropriate, it still must be tailored to fit the needs and schedules of the children and their parents.

Does Adoption Terminate Grandparents' Rights?

Placing a child for adoption cuts legal ties between a child and the child's biological family. This termination of rights extends to both parents and grandparents. A grandparent typically has no right to visitation with a grandchild who's been adopted by another family.

South Carolina law, however, allows biological grandparents to ask for court-ordered visitation if a stepparent adopts the child. For example, let's say a father dies. The mother remarries and allows the stepfather to adopt the children. If the mother and stepfather deny the paternal grandparents' visitation, they can ask the court to order it and the court will decide what is in the best interests of the child.

Next Steps

During tumultuous times, like death and divorce, grandparents sometimes lose access to their grandchildren. Yet, tumultuous times might be when grandkids need their grandparents the most. South Carolina law prioritizes a child's best interests above all and heavily favors parents' rights. But grandparents have some rights too, offering hope for those who want to maintain their relationship with a grandchild. If you have questions about getting visitation or custody of your grandchildren in South Carolina, contact a local family law attorney for advice.