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

Related Topics:
1 Lawyer Answer
Megan Hunt Dell
PREMIUM
Megan Hunt Dell
Answered
  • 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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.