Posts Tagged ‘Grandparent Visitation’

South Carolina Supreme Court uses grandparent visitation case to reveal its true feelings about duplicitous parents

The October 30, 2019, South Carolina Supreme Court opinion in Bazen v. Bazen would be interesting if it merely tested the constitutionality of South Carolina’s most recent version of its grandparent visitation statute–more on that later. However, this case, which featured a mother who mouthed the proper pieties about encouraging a relationship between her children […]

Court of appeals reverses grant of grandparent visitation based upon narrow interpretation of “denying visitation”

The January 4, 2019 Court of Appeals opinion in Brown v. Key, 425 S.C. 490, 823 S.E.2d 212 (2019), represents the first published opinion addressing the 2014 revision to South Carolina’s grandparent visitation statute, S.C. Code § 63-3-530(A)(33). Four months after affirming an award of grandparent visitation under the prior, more restrictive statute, Brown reversed […]

Applying prior, more restrictive, version of grandparent visitation statute, Court of Appeals still affirms award of grandparent visitation

The September 5, 2018 Court of Appeals opinion in Grantham v. Weatherford, 425 S.C. 111, 819 S.E.2d 765 (Ct.  App. 2018), addresses the application of South Carolina’s Grandparent Visitation Statute, S.C. Code § 63-3-530(A)(33). However, while granting maternal grandparents (Grandparents) visitation with their grandchildren, it does so under the 2010 amendment to that subsection, which […]

When should the family court award grandparent visitation?

There’s some dispute surrounding last week’s blog regarding the wholesale revision of South Carolina’s grandparent visitation statute. Some commenters contend that grandparents should never be awarded autonomous visitation over a parent’s objection. Others believe that court-ordered visitation should be available to grandparents even when the parents are part of an intact household. As I indicated in that […]

South Carolina finally does grandparent visitation rights right

On June 9, 2014 Governor Nikki Haley signed into law House bill 4348 amending S.C. Code § 63-3-530 (A)(33), commonly known as the grandparent visitation statute. The new law is effective immediately. This law makes it much easier for grandparents to obtain court-ordered visitation with their grandchildren. As modified, subsection 33 now authorizes the family […]

The unintended and ironic consequences of South Carolina’s new grandparent visitation statute

On June 9, 2014, this statute was changed, making it easier for grandparents to pursue court ordered visitation. I was never a big proponent of the grandparent visitation statutes that proliferated throughout the United States in the 1980’s and 90’s.  Such statutes typically allowed family courts to award autonomous visitation to grandparents over the parents’ […]

 

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