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March 25, 2013 Grandparent WINS Visitation Case

In June of 2010, Gov. Sanford signed a grandparent visitation law into effect. It allows grandparents to sue a parent for visitation privileges, but only under certain conditions. On Monday, March 25^th, in Horry County Family Court, Conway, South Carolina, a grandmother did just that. She not only sued, she won in a big way.

She has been denied contact with her granddaughter for almost a year, but apparently, mostly for spite. When the case went to family court, the judge heard the presentation of both sides, and ruled in the grandmother’s favor. She was awarded visitation for 3 hours that same day, and then every other weekend from Friday evening till Sunday evening beginning Easter weekend. To my knowledge, this is the first time this much visitation has been ordered for a grandparent. The ruling shows South Carolina to be a leader in the area of Grandparent’s Rights, and we are getting better! We are talking about Section 63‑3‑530(A)(33) of the 1976 Code. (Grandparent Visitation)

Probably the most impressive part is the fact that this grandmother completely smashed the myth that Family Court requires a lawyer! She did this completely on her own. She was what is called “Pro Se”, meaning she did NOT have an attorney! Several lawyers told her “it can’t be done”, “that law is worthless”, “you don’t stand a chance”. Others said it would cost upwards of $30,000 and there would still be only a very slim chance. Even after the ruling in her favor, one attorney maintains this same stance. This determined Grandmother, who is a Born Again Christian, wants everyone to know, “You CAN do it. It’s not easy, but with God’s guidance, you CAN do it!” After all, the Bible says; “You can do all things through Christ, who strengthens you”. She gives God all the glory.

The day of this hearing, the Grandparents Rights Association of South Carolina held a rally in support of the grandmother, and to promote new legislation currently in the General Assembly. About a dozen people braved the near record low temperature, and high wind at the courthouse in Conway, SC, to support House bill H-3464 and Senate bill S-371. Participants included grandparents, one of which was Rep. Alan Clemmons, (Cosponsor of H-3464) and also several grandCHILDREN. Everyone who passed by, indicated a “thumbs up” or other positive response. These bills, when passed, then signed into law, will grant grandparents standing in Family Court, which is something they do not have now. The bills have almost 30 sponsors in the House, and 9 in the Senate, and are currently waiting for hearings to be scheduled in both chambers. My current effort is to encourage the chairmen of both the House and Senate judiciary committees to get these hearing scheduled.
JANUARY, 2013    TOP NEWS STORY: Grandparents Rights Bill has been introduced in South Carolina. House Bill H.3464 and S.371 reads as follows:

A BILL

TO AMEND SECTION 63-7-730, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXPEDITED RELATIVE PLACEMENTS OF CHILDREN AT THE PROBABLE CAUSE HEARING, SO AS TO ENCOURAGE PLACEMENT OF THE CHILD WITH A GRANDPARENT OR OTHER RELATIVE OF THE FIRST OR SECOND DEGREE UNDER CERTAIN CIRCUMSTANCES; TO SET FORTH CRITERIA FOR THE COURT TO CONSIDER WHEN DECIDING WHETHER TO PLACE A CHILD WITH A GRANDPARENT OR OTHER RELATIVE OF THE FIRST OR SECOND DEGREE AT THE PROBABLE CAUSE HEARING; AND TO PROVIDE THAT IF THE COURT PLACES A CHILD WITH A GRANDPARENT OR OTHER RELATIVE OF THE FIRST OR SECOND DEGREE AT THE PROBABLE CAUSE HEARING, THE INDIVIDUAL MUST BE ADDED AS A PARTY TO THE ACTION FOR THE DURATION OF THE CASE OR UNTIL FURTHER ORDER OF THE COURT.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    Section 63-7-730 of the 1976 Code is amended to read:

"Section 63-7-730.    (A)    If the court ~~orders the child to remain in the legal custody of the department at the probable cause hearing~~ finds at the probable cause hearing that the department made reasonable efforts to prevent removal of the child and that continuation of the child in the home would be contrary to the welfare of the child, the ~~family~~ court may order expedited placement of the child with a grandparent or other relative of the first or second degree. In making this expedited placement decision, the court shall consider the totality of the circumstances including, but not limited to, the individual's suitability, fitness, and willingness to serve as a placement for the child. The court shall require the department to check the names of all adults in the home against the Central Registry of Child Abuse and Neglect, other relevant records of the department, county sex abuse registers, and records for the preceding five years of law enforcement agencies in the jurisdiction in which the person resides and, to the extent reasonably possible, jurisdictions in which the person has resided during that period. The court may hold open the record of the probable cause hearing for up to twenty-four hours to receive ~~the~~ these reports ~~and based on these reports and other information introduced at the probable cause hearing, the court may order expedited placement of the child in the home of the relative~~. Nothing in this section precludes the department from requesting or the court from ordering pursuant to the department's request either a full study of the individual's home before placement or the licensing or approval of the individual's home before placement.

(B)    If the court orders expedited placement of the child with a grandparent or other relative of the first or second degree, the individual must be added as a party to the action for the duration of the case or until further order of the court."

SECTION    2.    This act takes effect upon approval by the Governor.

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We have had numerous requests for signs to advertise this new bill. In response, here is a link to a file you can download and print:
Click HERE

NOVEMBER 2010
Election Results are in and Grandparents have some NEW friends in the State House of Representatives. See the results HERE
GREAT NEWS for GRANDPARENTS:
The following legislation was passed in June 2010 and signed by the governor, therefore it is now law:

Passed by the General Assembly on June 15, 2010

Summary: Grandparents visitation
6/24/2010               Signed By Governor

AN ACT TO AMEND SECTION 63‑3‑530, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JURISDICTION OF THE FAMILY COURT, INCLUDING JURISDICTION TO ORDER VISITATION FOR GRANDPARENTS, SO AS TO PROVIDE THAT THE COURT MAY ORDER GRANDPARENT VISITATION IF THE COURT FINDS THAT THE CHILD'S PARENTS ARE UNREASONABLY DEPRIVING THE GRANDPARENT VISITATION WITH THE CHILD AND HAVE DENIED VISITATION FOR MORE THAN NINETY DAYS, THAT THE GRANDPARENT MAINTAINED A RELATIONSHIP WITH THE CHILD SIMILAR TO A PARENT‑CHILD RELATIONSHIP, THAT AWARDING VISITATION WOULD NOT INTERFERE WITH THE PARENT‑CHILD RELATIONSHIP, AND THAT THE PARENTS ARE UNFIT OR THAT THERE ARE COMPELLING CIRCUMSTANCES TO OVERCOME THE PRESUMPTION THAT THE PARENTAL DECISION IS IN THE CHILD'S BEST INTEREST; TO AUTHORIZE THE JUDGE TO AWARD ATTORNEY'S FEES TO THE PREVAILING PARTY; AND TO DEFINE “GRANDPARENT".

Be it enacted by the General Assembly of the State of South Carolina:

Grandparent visitation revised

SECTION 1. Section 63‑3‑530(A)(33) of the 1976 Code, as added by Act 361 of 2008, is amended to read:

        “(33)   to order visitation for the grandparent of a minor child where either or both parents of the minor child is or are deceased, or are divorced, or are living separate and apart in different habitats, if the court finds that:

       (1)   the child’s parents or guardians are unreasonably depriving the grandparent of the opportunity to visit with the child, including denying visitation of the minor child to the grandparent for a period exceeding ninety days; and

       (2)   the grandparent maintained a relationship similar to a parent‑child relationship with the minor child; and

       (3)   that awarding grandparent visitation would not interfere with the parent‑child relationship; and:

           (a)   the court finds by clear and convincing evidence that the child's parents or guardians are unfit; or

           (b)   the court finds by clear and convincing evidence that there are compelling circumstances to overcome the presumption that the parental decision is in the child's best interest.

    The judge presiding over this matter may award attorney's fees and costs to the prevailing party.

    For purposes of this item, ‘grandparent’ means the natural or adoptive parent of any parent to a minor child;”

Time effective
SECTION 2. This act takes effect upon approval by the Governor.
Ratified the 21^st day of June, 2010.
Approved the 24^th day of June, 2010.
As reported in the Greenville News:
The former finance director of South Carolina's social services agency was sentenced Monday to 10 years in prison for stealing more than $5 million from the agency, money he has admitted spending on strippers, alcohol and gambling. Read the complete story published by The Greenville News website by clicking the link on the right side of this page.

We will be watching the progress of this case closely as it apparently reflects the general attitude of DSS towards the families of South Carolina. GRASC advocated a SLED investigation of the intire DSS system to insure there are no other breaches of the public trust by this agency.

Press Releases

Former DSS Finance Chief Convicted.
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