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It is not uncommon for a strong bond to develop between grandparents and grandchildren. The bonds stretch across multiple generations and could be valuable for the educational and emotional growth of a child. Unfortunately, divorce and parenting disputes could put these relationships in jeopardy.
An experienced family attorney at Schiller & Hamilton could help grandfathers and grandmothers seek visitation and other rights related to their grandchildren. If you believe your relationship with your grandchild is at risk, a Beaufort grandparents’ rights lawyer might be able to help.
Pursing Grandparent Visitation Rights in Beaufort
It is important to remember that parents of minor children enjoy certain fundamental rights. Courts generally defer to the wishes of the parents if it comes to who has access to their children. This deference results in a presumption that parents act in the best interest of their children.
Despite this presumption, courts are not bound to follow the wishes of the parents in every case. A judge has a duty to act in the best interest of the child at all times, and it is possible to refute the presumption that the parents are acting in their best interest. Refuting this presumption could put grandparents in a position to obtain visitation rights.
Limited Circumstances for Requesting Visitation
The ability for grandparents to pursue visitation rights is only available in limited circumstances. Under the law, grandmas and grandpas may not petition the court for visitation if the parents of a child live together. Grandparents could seek these rights with the help of a Beaufort attorney in cases when the parents are divorced, separated, or one parent is no longer living.
There are four things a grandparent must prove to obtain visitation rights. The elements that must be proven are:
- The grandparent was unreasonably denied visitation
- The grandparent has a parental relationship with the child
- The order does not interfere with the parent-child relationship
- A parent must be unfit
A skilled attorney at Schiller & Hamilton could make sure a grandparent proves all of these elements if filing to obtain visiting rights.
What is a De Facto Parent?
In limited situations, it could be possible for a Beaufort grandparents’ rights attorney to secure custody of a minor child. This only an option if the grandma or grandpa can establish that they served as the “de facto parent” for the child for a period of time.
A person serves as a de facto parent if they act as the child’s primary caregiver. The amount of time a grandparent must act as a de facto parent can vary. To gain custody of a child under the age of three years old, a grandparent must have been the primary caregiver for at least six months. For children over the age of three years old, the grandparent must have served as the de facto parent for at least one year.
Courts will not remove a child from their home unless a judge finds the parent unfit and determines that there is a compelling reason to remove the child.
Contact a Beaufort Grandparents’ Rights Attorney Today
If you believe the relationship with your grandchild is at risk, there are steps you can take to protect your rights. A Schiller & Hamilton attorney could help you ensure your grandchildren have the care they deserve. A Beaufort grandparents’ rights lawyer could help you protect this important relationship. Call today to learn more.