What rights do grandparents have to custody or visitation with their grandchildren. I’m Nancy Jo Thomason, and I’m a family court lawyer in Anderson, South Carolina. I get asked this question a lot by grandparents who are concerned about what’s going on with their grandchildren. It’s a difficult question to answer, because technically grandparents don’t have anymore rights to their grandchildren than a perfect stranger does. The ultimate person who has the ability to control where a child goes, and where a child lives is their parents. But unfortunately there are all too often.
Situations where parents become addicted to drugs, they lose their way in life, and they’re just not capable of parenting their children. And in those circumstances, if a grandparent can prove that a parent is unfit, then they can in fact file an action in family court and ask to be granted custody of their grandchildren. It’s a very difficult case to try to win, but in those very serious circumstances where the children are gonna be harmed if they’re left in the parent’s home, grandparents certainly should intervene and do have the right to intervene.