Visitation Rights

Child Visitation Lawyer in Charleston

Establishing, Enforcing & Modifying Parenting Time in Charleston, Berkeley & Dorchester Counties

Visitation, or parenting time, is the time a parent spends with their child, distinct from questions of legal or physical custody. Once a custody order exists, visitation disputes don’t disappear. They often intensify. Whether the other parent is ignoring a court-ordered schedule, circumstances have changed enough to warrant a modification, or you’re establishing parenting time for the first time, these matters need focused legal attention. Kevin M. Seibert, Esq. and Rebecca A. Seibert, Esq. represent Charleston-area parents through every stage of parenting-time proceedings, including negotiated parenting plans, Family Court mediation, and contested hearings before the Family Court.

We serve clients in visitation matters across Charleston, Berkeley, and Dorchester counties.

To discuss your parenting-time situation with a child visitation attorney, call (843) 428-6360 for a free case evaluation. Seibert Law Firm can help.

How South Carolina Treats Parenting Time

South Carolina presumes that a noncustodial parent is entitled to visitation unless their parental rights have been terminated. Under SC Code § 63-5-30, both parents enter custody and visitation proceedings as equal natural guardians. That equal footing matters when negotiating or litigating a schedule.

A typical minimum award grants one weeknight visit and overnight visits on alternating weekends. A judge may order more than that minimum but can’t order less without a specific safety-related finding. Visitation is treated as a benefit belonging to the child, not a privilege the custodial parent controls. Restricting or denying it requires a finding that doing so actually serves the child’s best interests. Neither parent may unilaterally block the other from seeing their child without a court order authorizing that restriction.

When the Other Parent Won’t Follow the Order

A visitation order that isn’t enforced is effectively worthless. Under SC Code § 63-3-620, a parent who willfully violates a Family Court visitation order can be held in contempt. Courts distinguish willful contempt, where the parent had the ability to comply but chose not to, from non-willful contempt caused by circumstances outside the parent’s control. That distinction shapes the remedy the court is likely to order.

Contempt penalties can include up to one year in a local detention facility, a $1,500 fine, a public works sentence of up to 300 hours, or a combination. Documenting every denied exchange, including the date, location, and any witnesses present, strengthens a contempt petition. We help Charleston parents gather that documentation and present it effectively in court.

Modifying a Visitation Schedule

Life changes, and a parenting plan written when a child was two may not fit their needs at twelve. South Carolina allows a visitation modification when the requesting parent demonstrates a substantial change in circumstances since the existing order was entered and shows that the proposed change serves the child’s best interests. Common triggers include a parent’s relocation, a significant shift in work schedules, remarriage, or changes in the child’s school or extracurricular commitments.

One point many parents overlook: even when both parties agree on a new schedule, the revised parenting plan must be submitted to and approved by the Family Court before it becomes enforceable. An informal agreement carries no legal weight if one side later stops honoring it. We guide clients through the modification process so the new arrangement is properly documented and court-approved.

Work With a Visitation Attorney Who Knows Your Case

Kevin M. Seibert, Esq. and Rebecca A. Seibert, Esq. are members in good standing of the South Carolina and Georgia Bar Associations. At Seibert Law Firm, we build a tailored plan of action for each client’s specific situation and provide direct, aggressive advocacy aimed at protecting your rights as a parent.

We offer competitive pricing and multiple financing options to make legal representation accessible. We accept cash, checks, and major credit cards. Schedule your free case evaluation today by calling (843) 428-6360.

Supervised Visitation & Safety-Related Restrictions

When documented concerns such as domestic violence or substance abuse put a child’s safety at risk, a court may order supervised visitation, requiring a neutral third party or approved agency to be present during visits. The parent whose visitation is supervised is typically responsible for any costs charged by the supervising agency. These orders aren’t necessarily permanent. Once a judge finds the child is no longer at risk in that parent’s care, the restriction can be lifted. In the most serious cases, where no arrangement can adequately protect the child, a court may prohibit visitation entirely.

Grandparent & Third-Party Visitation Rights in South Carolina

Under SC Code § 63-3-530(A)(33), a grandparent may petition for court-ordered visitation when the child’s parents are deceased, divorced, or living separately. To qualify, the grandparent must show the parents are unreasonably denying them access, including a denial exceeding 90 days, and that awarding visitation wouldn’t interfere with the parent-child relationship.

Satisfying those threshold conditions is only the first step. The grandparent must then prove by clear and convincing evidence, a high evidentiary standard, either that the parents are unfit or that compelling circumstances exist to overcome the legal presumption that a fit parent’s decision serves the child’s best interest. That presumption has constitutional roots. In Troxel v. Granville, the U.S. Supreme Court held that fit parents have a fundamental right to direct decisions about their children’s lives, including access to grandparents, and that Family Courts must give special weight to that decision.

South Carolina also recognizes a psychological parent doctrine, a four-part legal test that can allow a non-parent who has functioned in a parental role, such as a grandparent who served as a primary caregiver, to petition for visitation. These cases are highly fact-specific, and the legal bar is demanding.

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