Visitation Attorneys in Lexington, SC

Numerous studies have shown that children benefit emotionally, physically, and socially when both immediate and extended family members invest time in the relationship. Even if you do not qualify for custody, South Carolina law still gives certain family members visitation rights. Discuss your options for requesting visitation with the compassionate Lexington visitation lawyers at Kinard Law Group.

Visitation v. Custody in South Carolina

Child custody is reserved for the child’s legal parents or court-appointed guardian. Custody grants the custodial parent or parents the right to make decisions for the child and residential rights. Custody does not have to be 50-50, and parents can still have joint custody even if the child primarily lives with one parent.

Visitation is a separate right reserved for non-custodial parents and ‘de facto’ custodians. It provides qualifying individuals with the right to spend quality time with the child – supervised or unsupervised – but does not grant them legal decision-making authority or residential custody rights. Parents who do not qualify for custody due to prior criminal convictions, including domestic violence, might still work with a Lexington family lawyer to petition for visitation.

Overview of Visitation Laws and Procedures in Lexington County

Family judges have discretion when ordering visitation and may provide for visitation in protected settings, supervised visitation, or overnight visitation. Generally, the following individuals may petition for visitation rights with help from an experienced visitation lawyer:

Non-Custodial Parent

S.C. Code § 63-15-50 specifically allows certain domestic violence offenders to petition for limited visitation, also called parenting time, but you do not have a right to visitation under this code section. Instead, the family court must consider the following factors in determining whether visitation is in the child’s best interest:

• Emotional ties between the child and parent
• Child’s preference
• Parental health, fitness, and capacity
• Family violence
• Co-parenting ability
• Physical distance (practicality)
• Cultural, spiritual, and emotional needs of the child

If you do not have custody of your child due to factors such as domestic violence, abandonment, or imprisonment, an attorney might help you obtain visitation rights based on these factors.

De Facto Custodian

Non-parents might qualify for visitation rights under South Carolina’s de facto custodian law (S.C. Code § 63-15-60). De facto custodians – often grandparents, stepparents, adult siblings, aunts/uncles, and close family friends – might obtain visitation rights if they can prove they were the primary caregiver and financial supporter of the child, and the child lived with the de facto custodian for either 6 months (under the age of 3) or 1 year (over the age of 3). This gives the de facto custodian’s attorney standing to petition for visitation, which is then determined using the best interest factors listed above.

Dedicated Family Visitation Lawyers in Lexington, S.C.

Whether you have questions about your South Carolina visitation rights or need help petitioning for visitation, contact the experienced Lexington visitation attorneys at Kinard Law Group. Call our compassionate family law firm today at (803) 359-1003 or contact our visitation and custody team online.