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 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visitation with their grandchildren, it does so under the 2010 amendment to that subsection, which has since been superseded by the 2014 version. Grantham involves the most common reason the appellate courts have affirmed the award of grandparent visitation–their own child has died and the other parent is withholding contact. In Grantham, the children’s parents were initially married but Mother, after the birth of her second child, began suffering from severe depression and substance abuse. Father relied on his own family along with Grandparents to assist him with child care. Eventually he and Mother separated and entered a custody agreement giving him custody and Mother visitation to be supervised by Grandparents.…

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