Visitation

The parent without custody almost always has the right to visit the children. Even if the parent without custody is late or has not paid child support, the parent still has a right to visitation. If parents cannot come to terms on visitation, a judge will set the day, time and conditions or, in rare cases, deny or severely limit visitation if visitation will hurt the children.

A somewhat standard visitation schedule would be:

1. Alternate weekends, Friday 6:00 p.m. to Sunday 6:00 p.m.;
2. Six weeks in the summertime;
3. One week at Christmas, either before noon Christmas day, or after;
4. Alternating four days, Thanksgiving and Easter;
5. Two hours on birthdays;
6. Two hours on Father’s Day/Mother’s Day.

Week to week visitation may not be good. Stanton v. Stanton, 484 S.E.2d 875 (Ct. App.1997).

The question of whether to award grandparents visitation rights is a question committed to the Family Court’s sound discretion and is to be determined by the child’s best interest. Brown, et al. v. Earnhardt, 374 S.E.2d 513 (Ct. App.1990). There is a statute now governing this.

Joint custody usually allows each parent to have the children one-half of the time.

Family Court has wide discretion on visitation features. Frye v. Frye. 448 S.E.2d 586 (1994).

1. Violence. The Family Court must give weight to prior violent acts including physical or sexual abuse where visitation involved. Adequate provisions for the safety of the child are made. S.C. Code 20-7-1530 (1976, as amended). Visitation can also be limited to six hours per month, Hyde v. Hyde, 395 S.E.2d 186 (Ct. App.1990) or withheld, Nash v. Byrd, 381 S.E.2d 913 (Ct. App.1989).

2. Grandparents have some visitation rights. S.C. Code Ann. 20-7-420(33)(1976, as amended). The right is limited where the parents are living, Brown v. Earnhardt, 396 S.E.2d 358 (1990).

3. Deadbeat Parents. Federal Law creates penalties for support for more than two years or fails to pay an amount greater than $10,000.00 for a child who lives in another state. 18 USC 228.

This information was prepared to give you some general information on the law. It is not intended as legal advice about any particular problem.