Understanding Third-Party Custody Rights in South Carolina: The Jobst Decision

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Understanding Third-Party Custody Rights in South Carolina: The Jobst Decision

Understanding Third-Party Custody Rights in South Carolina: The Jobst Decision
The South Carolina Court of Appeals’ 2018 decision in Jobst v. Jobst provides crucial guidance for grandparents and other third parties seeking custody of minor children in South Carolina. This case demonstrates how non-parents can successfully obtain custody when parents are unfit and clarifies important standing requirements under South Carolina law.

Case Background: When Grandparents Step In
In June 2015, a Spartanburg County mother was arrested for DUI with her two-year-old child in the vehicle. This single incident triggered a series of events that ultimately led to the child’s paternal grandparents obtaining permanent custody. The case highlights how quickly custody situations can change when substance abuse and child safety concerns arise.

Key Legal Holdings That Matter for South Carolina Families
1. Standing for Third Parties Under Section 63-3-550
The Court of Appeals made a significant ruling regarding who can file custody actions in South Carolina. Under S.C. Code § 63-3-550, any person with knowledge that convinces them a child is neglected may institute proceedings. The court interpreted this statute broadly, meaning grandparents don’t necessarily need to prove they are:

De facto custodians
Psychological parents
Previous long-term caregivers

This interpretation opens the door for concerned family members to seek court intervention when they believe a child’s safety is at risk.

2. DSS Involvement Doesn’t Preclude Private Custody Actions
Many families incorrectly assume that DSS involvement means only DSS can pursue custody changes. The Jobst court clarified that:

Private parties can file custody actions even when DSS is investigating
DSS’s decision not to file a removal action doesn’t prevent grandparents from seeking custody
The family court can award custody to third parties while DSS continues its investigation

3. Mediation Requirements Apply to Private Custody Actions
The court upheld contempt sanctions against the mother for failing to attend court-ordered mediation. Importantly, the mediation exemption for DSS cases only applies to cases initiated by DSS, not private custody actions that arise from DSS investigations.

Practical Implications for South Carolina Grandparents
Evidence That Strengthened the Grandparents’ Case
The successful grandparents in Jobst presented compelling evidence including:

Documentation of parental unfitness: Multiple drug arrests, positive drug tests, and failure to complete court-ordered treatment
Stability of the grandparent home: Steady employment, suitable housing, and financial resources
Child’s thriving condition: School enrollment, no special needs arising, positive adjustment
Parent’s lack of engagement: Missed visitations, minimal interaction during visits, failure to pay child support

Warning Signs That May Justify Third-Party Custody Actions
Based on the Jobst analysis, South Carolina courts may find standing for grandparents when:

Parents have substance abuse issues affecting child safety
Criminal charges involve child endangerment
DSS has indicated abuse or neglect findings
Parents cannot comply with safety plans
One parent is unfit and the other doesn’t contest third-party custody

Strategic Considerations for Third-Party Custody Cases in South Carolina
Timing Matters
The Jobst grandparents filed their action quickly after the mother’s arrest, obtaining temporary custody within days. This swift action:

Protected the child’s immediate safety
Established the grandparents’ commitment
Created a status quo favoring continued placement

Building Your Case Beyond Standing
While Section 63-3-550 provides standing, winning custody requires proving:

1. Parental unfitness by clear and convincing evidence
2. Best interests of the child support third-party custody
3. Existing relationship between the child and proposed custodians

Understanding the Role of DSS
Third parties should understand that:

DSS investigations and private custody actions can proceed simultaneously
DSS safety plans don’t determine custody rights
DSS’s decision to close a case doesn’t end private custody proceedings
Treatment plans from DSS can provide evidence in private actions

Common Misconceptions About South Carolina Grandparent Rights
Myth 1: Grandparents Need Previous Custody to Have Standing
The Jobst court explicitly rejected the requirement that grandparents must have had custody for six months before filing an action.

Myth 2: Only DSS Can Remove Children from Unfit Parents
Private parties have independent rights to seek custody when children face neglect or abuse.

Myth 3: Parents Always Get Second Chances
While reunification is often a goal, courts prioritize child safety. The Jobst mother’s failure to complete treatment programs and continued arrests justified permanent third-party custody.

Protecting Children Through Legal Action: Next Steps
If you’re a grandparent or other family member concerned about a child’s safety in South Carolina, the Jobst decision provides a roadmap for seeking custody. Key steps include:

1. Document concerns about parental fitness
2. Consult with an experienced South Carolina family law attorney immediately
3. Gather evidence of your relationship with the child
4. Be prepared to act quickly if emergency custody is needed
5. Understand the long-term commitment of seeking custody

The Bottom Line: Children’s Safety Comes First
Jobst v. Jobst reinforces that South Carolina courts will act decisively to protect children from neglect, even if that means placing them with grandparents or other suitable third parties. The broad interpretation of standing under Section 63-3-550 ensures that concerned family members can seek judicial intervention when parents cannot provide safe, stable homes.

For grandparents watching their grandchildren suffer due to parental substance abuse or neglect, this case provides hope and a legal pathway forward. The key is acting promptly with proper legal guidance to ensure the best possible outcome for the child.

About This Case Analysis
Jobst v. Jobst, 424 S.C. 64, 817 S.E.2d 515 (Ct. App. 2018) was decided by the South Carolina Court of Appeals on June 6, 2018. This analysis is provided for informational purposes about South Carolina family law and should not be considered legal advice for your specific situation.

By Suzanne Klok|2025-11-12T17:05:42+00:00November 15th, 2023|best interest of the child, Child Custody|Comments Off on Understanding Third-Party Custody Rights in South Carolina: The Jobst Decision

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Understanding Third-Party Custody Rights in South Carolina: The Jobst Decision
The South Carolina Court of Appeals’ 2018 decision in Jobst v. Jobst provides crucial guidance for grandparents and other third parties seeking custody of minor children in South Carolina. This case demonstrates how non-parents can successfully obtain custody when parents are unfit and clarifies important standing requirements under South Carolina law.

Case Background: When Grandparents Step In
In June 2015, a Spartanburg County mother was arrested for DUI with her two-year-old child in the vehicle. This single incident triggered a series of events that ultimately led to the child’s paternal grandparents obtaining permanent custody. The case highlights how quickly custody situations can change when substance abuse and child safety concerns arise.

Key Legal Holdings That Matter for South Carolina Families
1. Standing for Third Parties Under Section 63-3-550
The Court of Appeals made a significant ruling regarding who can file custody actions in South Carolina. Under S.C. Code § 63-3-550, any person with knowledge that convinces them a child is neglected may institute proceedings. The court interpreted this statute broadly, meaning grandparents don’t necessarily need to prove they are:

De facto custodians
Psychological parents
Previous long-term caregivers

This interpretation opens the door for concerned family members to seek court intervention when they believe a child’s safety is at risk.

2. DSS Involvement Doesn’t Preclude Private Custody Actions
Many families incorrectly assume that DSS involvement means only DSS can pursue custody changes. The Jobst court clarified that:

Private parties can file custody actions even when DSS is investigating
DSS’s decision not to file a removal action doesn’t prevent grandparents from seeking custody
The family court can award custody to third parties while DSS continues its investigation

3. Mediation Requirements Apply to Private Custody Actions
The court upheld contempt sanctions against the mother for failing to attend court-ordered mediation. Importantly, the mediation exemption for DSS cases only applies to cases initiated by DSS, not private custody actions that arise from DSS investigations.

Practical Implications for South Carolina Grandparents
Evidence That Strengthened the Grandparents’ Case
The successful grandparents in Jobst presented compelling evidence including:

Documentation of parental unfitness: Multiple drug arrests, positive drug tests, and failure to complete court-ordered treatment
Stability of the grandparent home: Steady employment, suitable housing, and financial resources
Child’s thriving condition: School enrollment, no special needs arising, positive adjustment
Parent’s lack of engagement: Missed visitations, minimal interaction during visits, failure to pay child support

Warning Signs That May Justify Third-Party Custody Actions
Based on the Jobst analysis, South Carolina courts may find standing for grandparents when:

Parents have substance abuse issues affecting child safety
Criminal charges involve child endangerment
DSS has indicated abuse or neglect findings
Parents cannot comply with safety plans
One parent is unfit and the other doesn’t contest third-party custody

Strategic Considerations for Third-Party Custody Cases in South Carolina
Timing Matters
The Jobst grandparents filed their action quickly after the mother’s arrest, obtaining temporary custody within days. This swift action:

Protected the child’s immediate safety
Established the grandparents’ commitment
Created a status quo favoring continued placement

Building Your Case Beyond Standing
While Section 63-3-550 provides standing, winning custody requires proving:

1. Parental unfitness by clear and convincing evidence
2. Best interests of the child support third-party custody
3. Existing relationship between the child and proposed custodians

Understanding the Role of DSS
Third parties should understand that:

DSS investigations and private custody actions can proceed simultaneously
DSS safety plans don’t determine custody rights
DSS’s decision to close a case doesn’t end private custody proceedings
Treatment plans from DSS can provide evidence in private actions

Common Misconceptions About South Carolina Grandparent Rights
Myth 1: Grandparents Need Previous Custody to Have Standing
The Jobst court explicitly rejected the requirement that grandparents must have had custody for six months before filing an action.

Myth 2: Only DSS Can Remove Children from Unfit Parents
Private parties have independent rights to seek custody when children face neglect or abuse.

Myth 3: Parents Always Get Second Chances
While reunification is often a goal, courts prioritize child safety. The Jobst mother’s failure to complete treatment programs and continued arrests justified permanent third-party custody.

Protecting Children Through Legal Action: Next Steps
If you’re a grandparent or other family member concerned about a child’s safety in South Carolina, the Jobst decision provides a roadmap for seeking custody. Key steps include:

1. Document concerns about parental fitness
2. Consult with an experienced South Carolina family law attorney immediately
3. Gather evidence of your relationship with the child
4. Be prepared to act quickly if emergency custody is needed
5. Understand the long-term commitment of seeking custody

The Bottom Line: Children’s Safety Comes First
Jobst v. Jobst reinforces that South Carolina courts will act decisively to protect children from neglect, even if that means placing them with grandparents or other suitable third parties. The broad interpretation of standing under Section 63-3-550 ensures that concerned family members can seek judicial intervention when parents cannot provide safe, stable homes.

For grandparents watching their grandchildren suffer due to parental substance abuse or neglect, this case provides hope and a legal pathway forward. The key is acting promptly with proper legal guidance to ensure the best possible outcome for the child.

About This Case Analysis
Jobst v. Jobst, 424 S.C. 64, 817 S.E.2d 515 (Ct. App. 2018) was decided by the South Carolina Court of Appeals on June 6, 2018. This analysis is provided for informational purposes about South Carolina family law and should not be considered legal advice for your specific situation.