Legal Question in Family Law in South Carolina

My husband and I are separated. He recently lost the sight of his left eye. I prefer he not drive our 3 year old in city traffic or at night. He is fighting me on it because apparantly you can be almost totally blind in SC and still drive. Thing is he texts and drives at night and I have evidence he does it with our child in the car. This is bad enough with two good eyes but he only has one, what can I do?


Asked on 12/04/10, 5:41 pm

1 Answer from Attorneys

Ben Stevens The Stevens Firm, P.A. Family Law Center

Based on the limited information you provided, there are several different aspects to this issue. First, has the Dept. of Public Safety restricted his driving privileges at all, or will they? Second, if he drives poorly (with one eye or two) and you can prove it, the Court may put some restrictions / restraints on him. Of course the burden of proof would be on you, but a private investigator could easily collect evidence as to his driving habits when the child is with him.

These are complex issues, and it is important that they be handled correctly. Therefore, it is important that you consult an experienced family law attorney to find out what options are available to you based on the facts of your particular case. If you need more information, you can visit my family law blog (www.SCFamilyLaw.com) or our website (www.SpartanburgLawyers.com). I wish you the best of luck.

Ben Stevens

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Answered on 12/09/10, 7:19 pm


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