Q: How can my parents obtain sole custody of my nephew in South Carolina?

A: Your parents can begin the process of obtaining sole custody by filing a custody petition in family court in South Carolina. Since there are no current legal custody orders in place, the court will start by looking at what arrangement serves the best interest of the child. They’ll need to show that the child has been living with them and that they’ve taken on the primary caregiving role—like attending school meetings, doctor’s visits, and providing daily care.

The fact that the father is in jail and the mother is inconsistently involved could work in your parents’ favor, especially if they can show that the mother’s involvement is disruptive or self-serving. Courts don’t take parental rights away lightly, but they will award custody to non-parents if it’s clear that the biological parents are unable or unwilling to care for the child properly. Documentation—like medical records, school reports, and witness statements—can help prove that your parents are providing a stable and nurturing environment.

They may also want to consider asking the court for temporary custody while the case is pending, especially if the child’s situation feels unstable. If the biological mother or father objects, there will likely be a hearing where everyone can present their side. It's a big step, but it sounds like your parents are already doing the hard work of raising this child—they just need the legal authority to protect him fully. Let them know they’re not alone in this, and their effort to create a safe space for their grandchild truly matters.