Charleston, SC asked in Child Custody and Family Law for South Carolina

Q: If an unlicensed grandparent drives a child or lives with an undoc immigrant, could that have significance in custody?

I'm anticipating an unpleasant custody dispute in near future and I'm trying to prepare. My former partner receives a significant amount of childcare support from her mother. However, her mother had never received a driver's license. She also lives with her long-time boyfriend who is a wonderful guy, but is an undocumented immigrant. The kids will frequently stay with her on the weekends as their mother works weekend overnights. Are any of the "alleged charges" of driving without a DL, the presence of an undocumented immigrant in the home, or the harboring of an undocumented immigrant points that would be of interest to a court of family law? And if so, what might be the most expected outcomes? I have a moral issue with laws around illegal immigration and its a reason I've tried to avoid legal but the mother has made it clear that if I desire any amount of custody she'll "make it a bloody fight" and I'm hoping this could be used to avoid a harmful fight if the consequences are signific

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1 Lawyer Answer
Megan Hunt Dell
Megan Hunt Dell
  • Divorce Lawyer
  • Charleston, SC
  • Licensed in South Carolina

A: Choosing inappropriate caregivers is something the Family Court may consider when deciding custody. Allowing the grandmother who does not have a drivers license to drive the child demonstrates poor judgment. The immigration status of people living with the grandmother is likely to have little, if any, effect.

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