819 S.E.2d 765
S.C. Ct. App.2018Background
- Parents (Mother and Father) had two children; Mother suffered severe depression and substance abuse after second child and relied heavily on the maternal and paternal families (Grandparents helped frequently).
- Mother and Father separated in Feb 2013; custody agreement (June 2013) gave Father custody and supervised visitation to Mother at Grandparents' house.
- Mother committed suicide in Nov 2013; relations between Father and Grandparents deteriorated after funeral and subsequent confrontations; Father then limited and ultimately stopped Grandparents' contact.
- Grandparents filed for visitation in Jan 2014; a guardian ad litem was appointed and the family court awarded limited grandparent visitation (one weekend per month and one week in summer), ordered reunification counseling, and restricted Grandparents from attributing Mother's death to Father.
- Father appealed, arguing the court unconstitutionally applied S.C. Code § 63-3-530(A)(33) by requiring a fit parent to proceed with grandparent visitation and failing to properly apply the parental-presumption/best-interest analysis.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the family court unconstitutionally applied § 63-3-530(A)(33) to order visitation over a fit parent's objection | Grandparents: statute authorizes court to order visitation when statutory criteria met; compelling circumstances exist (Mother's death and long-standing parentlike relationship) | Father: court failed to respect presumption that a fit parent's decision is in child's best interest; court improperly assessed interests and relied on Grandparents' relationship | Court affirmed: statute's criteria satisfied; family court properly applied Troxel/Camburn framework and found compelling circumstances (including death of a parent and strong prior parentlike relationship) |
| Whether Grandparents met § 63-3-530(A)(33)'s threshold elements (90-day denial, parentlike relationship, no interference) | Grandparents: they were unreasonably denied visitation >90 days, had parentlike relationship, and limited visits would not interfere | Father: contested weight of evidence and GAL findings | Held: record shows >90-day denial, extensive parentlike care, and limited visitation would not interfere with Father's relationship |
| Whether "compelling circumstances" justified overriding fit parent's decision | Grandparents: death of biological parent and continued ties justify compelling circumstances; Marquez controls | Father: facts distinguishable; court gave improper weight to Grandparents' interests | Held: court correctly followed Marquez; facts here provided equal or stronger basis for compelling circumstances (frequent prior involvement, children's desire) |
| Whether the family court misstated whose "best interest" it considered | Father: court language suggested it considered Grandparents' best interest, not children's | Grandparents: wording was contextual; court intended children’s best interest | Held: court’s phrasing, read in context, referred to the children's best interest; no reversible error |
Key Cases Cited
- Troxel v. Granville, 530 U.S. 57 (2000) (parents have a fundamental right to make child-rearing decisions; courts must afford a presumption that a fit parent's decision is in child's best interest)
- Camburn v. Smith, 355 S.C. 574 (2003) (parents and grandparents not equal in visitation contests; grandparents may obtain visitation only by meeting statutory/constitutional requirements)
- Marquez v. Caudill, 376 S.C. 229 (2008) (death of a biological parent and attempts to maintain ties with deceased parent's family can be compelling circumstances to order visitation over a fit parent's objection)
- Stoney v. Stoney, 422 S.C. 593 (2018) (family-court matters reviewed de novo, but trial court credibility findings given weight)
- Lewis v. Lewis, 392 S.C. 381 (2011) (appellate review standards and burden on appellant to show preponderance of evidence against family court findings)
- Dodge v. Dodge, 332 S.C. 401 (1998) (upholding limited grandparent visitation as reasonable post-mother's death)