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.

For the purposes of visitation, a "grandparent" is the biological or adoptive parent of a child's biological or adoptive parent. In other words, step-grandparents can't ask for court-ordered visitation unless they formally adopted the child's parent.

Placing reasonable conditions on grandparent visitation (such as requiring supervision) doesn't count as "denying visitation." (Brown v. Key, 425 S.C. 490 (2019).)

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. "Clear and convincing evidence" is a higher standard of proof than the more likely than not standard used in most civil cases (called a "preponderance of the evidence"). But it doesn't have to be as absolute as the "beyond a reasonable doubt" standard used in criminal law.

(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 recently 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 visitation rights are governed primarily by state law, not federal law. There is no federal constitutional right guaranteeing visitation for grandparents. The U.S. Supreme Court weighed in on the issue in Troxel v. Granville. (530 U.S. 57 (2000).) In Troxel, the Court said that parents have a constitutional right to make decisions about their children, including who gets to spend time with them. The ruling struck down a Washington law that allowed any third party—including grandparents—to get visitation whenever a judge decided it was in a child's best interest. The Court found that approach too broad because it infringed on parents' rights.

As a result, while grandparents may petition for visitation under state law, courts must first defer to parents' choices and can't automatically award visitation. Each case must balance the child's best interests with the constitutional rights of the parents. 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.

Understanding Your Options

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.