Grandparents Rights In A Custody Battle
Call Florence Office
(843) 407-1583
Call Summerville Office:
(843) 900-2020
✕
  • HOME
  • OUR FIRM
    • David M. Smith
    • Gregory D. Ammons
    • Joshua T. Howle
    • Brice E. Ricker
    • Marsh A. Julian
    • Meet our Team
    • In The News
  • PRACTICE AREAS
    • Family Law
      • Divorce
      • Mediation
      • Equitable Apportionment
      • Alimony
      • Custody
      • Visitation
      • Child Support
      • Adoption/Termination Of Parental Rights
      • DSS Actions
      • Guardian ad litem Services
    • Probate
    • Civil Litigation
      • Construction Dispute
        • Construction Defect
        • Mechanic’s Lien
      • Contract Disputes
        • Breach of Contract
        • Legal Remedies
      • HOA Disputes
      • Non-Compete Disputes
      • Property Damage
      • Unfair Trade Practices
      • Lemon Law
    • Personal Injury
    • Disability
    • Criminal Defense
    • DUI / Traffic
    • Worker’s Compensation
    • Medical Malpractice
    • Wrongful Death
  • WHAT OUR CLIENTS SAY
  • PAY BILL
  • FAQ
    • BLOG
  • LOCATIONS
    • FLORENCE OFFICE
    • SUMMERVILLE OFFICE
  • CONTACT
Grandparents Rights In A Custody Battle
✕
  • HOME
  • OUR FIRM
    • David M. Smith
    • Gregory D. Ammons
    • Joshua T. Howle
    • Brice E. Ricker
    • Marsh A. Julian
    • Meet our Team
    • In The News
  • PRACTICE AREAS
    • Family Law
      • Divorce
      • Mediation
      • Equitable Apportionment
      • Alimony
      • Custody
      • Visitation
      • Child Support
      • Adoption/Termination Of Parental Rights
      • DSS Actions
      • Guardian ad litem Services
    • Probate
    • Civil Litigation
      • Construction Dispute
        • Construction Defect
        • Mechanic’s Lien
      • Contract Disputes
        • Breach of Contract
        • Legal Remedies
      • HOA Disputes
      • Non-Compete Disputes
      • Property Damage
      • Unfair Trade Practices
      • Lemon Law
    • Personal Injury
    • Disability
    • Criminal Defense
    • DUI / Traffic
    • Worker’s Compensation
    • Medical Malpractice
    • Wrongful Death
  • WHAT OUR CLIENTS SAY
  • PAY BILL
  • FAQ
    • BLOG
  • LOCATIONS
    • FLORENCE OFFICE
    • SUMMERVILLE OFFICE
  • CONTACT
Grandparents Rights In A Custody Battle
Call Florence Office
(843) 407-1583
Call Summerville Office:
(843) 900-2020
  • HOME
  • OUR FIRM
    • David M. Smith
    • Gregory D. Ammons
    • Joshua T. Howle
    • Brice E. Ricker
    • Marsh A. Julian
    • Meet our Team
    • In The News
  • PRACTICE AREAS
    • Family Law
      • Divorce
      • Mediation
      • Equitable Apportionment
      • Alimony
      • Custody
      • Visitation
      • Child Support
      • Adoption/Termination Of Parental Rights
      • DSS Actions
      • Guardian ad litem Services
    • Probate
    • Civil Litigation
      • Construction Dispute
        • Construction Defect
        • Mechanic’s Lien
      • Contract Disputes
        • Breach of Contract
        • Legal Remedies
      • HOA Disputes
      • Non-Compete Disputes
      • Property Damage
      • Unfair Trade Practices
      • Lemon Law
    • Personal Injury
    • Disability
    • Criminal Defense
    • DUI / Traffic
    • Worker’s Compensation
    • Medical Malpractice
    • Wrongful Death
  • WHAT OUR CLIENTS SAY
  • PAY BILL
  • FAQ
    • BLOG
  • LOCATIONS
    • FLORENCE OFFICE
    • SUMMERVILLE OFFICE
  • CONTACT

Happy grandparents playing game on tablet with kids

If you are a grandparent who is in the middle of a custody battle you may be wondering what your rights are. The rights of the grandparents are not the same as those of the parents in a custody battle. As a grandparent during a custody battle, what are your rights?

Most states limit the grandparent’s rights during a custody battle except for in certain circumstances. If the child’s parents have died, found to be unfit, if the parents give the grandparents custody, or if the child has lived with the grandparents for a year or more, then the grandparents have every right to obtain custody of the child.

Another common scenario that could warrant a grandparent’s involvement in a custody battle would be divorce. In this case, grandparents can request visitation rights to see a grandchild that they are close with. Most states decide on granting the grandparents visitation based on the welfare of the child. If the court feels that allowing the child to see the grandparents can be bad for the child then they do not have to allow visitation rights to the grandparents.

Other states base their decision on the parent’s opinion. This allows the parents to control who they see fit to see their child. In this situation, grandparents may find it more difficult to see their grandchildren if a marriage has ended and the parents are limiting the child to see certain family members.

All states allow grandparents to have some visitation with their grandchildren as long as it is in the child’s best interest. You would need to prove to the court that you have a close bond with your grandchild and that you have a caring relationship.

If you feel that your grandchild is better off living with you and not their parents then you may face a difficult task. You may need to prove that the parents of the child are unfit and that you would be better off having the child. You would also need to prove that you are healthy enough to care for the child, have a safe home for the child, and be financially able to care for the child.

No matter what your situation is as a grandparent in a custody battle you do have rights. You can file a petition to the court to request visitations or full custody of your grandchild in certain circumstances.

Related posts

Mediation
March 9, 2023

Settling Your Family Court Case – Mediation


Read more
divorce hearing
February 17, 2023

Divorce – What Happens in a Temporary Hearing?


Read more
dui Attorney
January 22, 2023

DUI: How It Can Affect Your Future And How An Attorney Can Help


Read more

Comments are closed.

Smith Ammons

Smith Ammons, LLC – Attorneys at Law is dedicated to going above and beyond for each of our clients. Our team is here to help you with your case. We are 100% committed to you and getting you the results you are looking for. Give us a call today to schedule your free consultation to learn how we can help you.

 

Privacy Policy

Florence, SC

Address: 614 W Palmetto Street
Florence, SC 29501

Phone: (843) 407-1583

Email: info@smithammonslaw.com

Hours: Monday-Friday 9 AM to 5 PM
Closed: Saturday/Sunday

Summerville, SC

Address: 1668 Old Trolley Road
Suite 104
Summerville, SC 29485

Phone: (843) 900-2020

Email: info@smithammonslaw.com

Hours: Monday-Friday 9 AM to 5 PM
Closed: Saturday/Sunday

Copyright © Smith Ammons LLC | All Rights Reserved | Website Powered by SVG Digital