Can a sex offender get joint custody?

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Latest post 01-19-2011 6:34 PM by shae0323. 13 replies.
  • 01-18-2011 7:30 PM

    • shae0323
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    Can a sex offender get joint custody?

    ok... so my still married boyfriend is trying to file for divorce, and it should have been over and done 3 years ago! but she refuses to agree to anything over "supervised visitation." (which is a joke because she never even checks to see if im there! she drops them at the property line and drives away) ... his offence was with his 16 year old step daughter, he never touched her, but he took photos of her, and yes she was aware. he did 90 days work release, and is about to get off probation in april.  he's done everything asked of him, and then some! and he still continues to try and right things. but he does have to register as a sex offender.

    so... my question is from a legal point, what are his odds of getting joint custody?

    DONT COMMENT IF YOUR GOING TO JUDGE HIS ACTIONS!!

  • 01-18-2011 7:37 PM In reply to

    Re: Can a sex offender get joint custody?

    "my question is from a legal point, what are his odds of getting joint custody?"

    Slim to none.  No judge in their right mind would award joint custody and unsupervised visitation to a convicted felon who is a registered sex offender for an act committed with their own child.  

    "DONT COMMENT IF YOUR GOING TO JUDGE HIS ACTIONS!"

    When you post on a public internet board you do NOT get to choose who responds and what they say.  The one who needs judging is you for getting involved with a married registered sex offender who offended with their own child.  There have to be better choices in partners out there.  You do realize that if you marry him you will be restricted as to where you can live as long as he is required to register and could be barred from having contact with your own children don't you?

    "That's just my opinion, then again I might be wrong."  Dennis Miller

     

  • 01-18-2011 7:40 PM In reply to

    Re: Can a sex offender get joint custody?

    I suppose anything is possible.

  • 01-18-2011 10:00 PM In reply to

    Re: Can a sex offender get joint custody?

    An offense against a step child is extremely serious, even if no touching, and its so an extenuating circumstance in most cases. I have no idea why any judge would award a sex offender any unsupervised visits or joint. Think about it...why would YOU want a relationship with this guy? Hopefully you do not have any daughters? Do you realize the stigma that is going to be attached to him, you for going out with him? you have alot of things to think about.

  • 01-18-2011 11:27 PM In reply to

    Re: Can a sex offender get joint custody?

    shae0323:
    what are his odds of getting joint custody?

    I will assume the Divorce is taking place in Utah.  A quick search of Utah Laws indicate that the court considers Best Interest of the Child, and other relevent factors.

    In my opinion, based your factual statements' , a registered Sex Offender (and his specific circumstances) would probably be used agianst him to be awarded anything over "supervised visitation".

    As another reply noted, the stigma attached with registered Sex Offender's, would also make it difficult for him to enjoy certain activities with his biological children.

    If he truely wants to move on with his life, [presumably to be with you] he may just have to accept his current wife's conditions, and perhaps consider revisting the issue after a few years.

    Here is a link to a website you might find helpful to this discussion: http://www.helpyourselfdivorce.com/utah-child-custody-laws.html

    Ok  I'm not a lawyer.  This is only my opinion /suggestion.  Most Replys' are based on information provided by the "original post" (OP).

  • 01-19-2011 7:15 AM In reply to

    Re: Can a sex offender get joint custody?

    Many factors will be considered;  age and sex of his children- whether he has fullfilled conditions of his parole- engaged and successfully completed therapy;  if he is, in fact, having unsupervised visits- that would go to show that the mother doesn't have concerns and believes they are safe.

  • 01-19-2011 9:00 AM In reply to

    Re: Can a sex offender get joint custody?

    Joint custody of whom? His step daughter? He has no rights to custody at all for her. Other children? It is highly unlikely.  A sex offender of a child is very serious and not likely to result in him getting custody.

     

  • 01-19-2011 9:23 AM In reply to

    Re: Can a sex offender get joint custody?

    JoBraver:
    if he is, in fact, having unsupervised visits- that would go to show that the mother doesn't have concerns and believes they are safe.

    A good point he could probably use for his arguement.  However, we don't know exactly what current guidance or rules (if any) that Mom is following. 

    She may just be providing the visits because no one has told her that maybe he is supposed to be supervised.

    Ok  I'm not a lawyer.  This is only my opinion /suggestion.  Most Replys' are based on information provided by the "original post" (OP).

  • 01-19-2011 10:10 AM In reply to

    Re: Can a sex offender get joint custody?

    "Joint custody of whom? His step daughter? He has no rights to custody at all for her. Other children? It is highly unlikely.  A sex offender of a child is very serious and not likely to result in him getting custody. "

    I'm wondering if him and mom have other kids between them. Extremely unlikely he would be awarded any rights to the step child especially when he has committed a sex crime against her. OP is not really clear here.

  • 01-19-2011 10:14 AM In reply to

    Re: Can a sex offender get joint custody?

    OP-for what its worth, my step-daughter was abused by her step-dad starting at age 15. Sex happened at 16. He was caught, convicted, and is serving a 10 year sentence in the slammer. He has served 3 years so far and I imagine he probably will not serve the whole 10 years.

    This was a college educated man, with kids of his own. Nobody has any idea what would cause him to do such a stupid thing. When he gets out he will have to register as a SO and his life will then be probably over.

    For your boyfriend to take pictures of a 16 yr old step-daughter, is totally uncalled for. I do not know how old you are, but please re-think this relationship especially if you have kids or want them. Nobody wants anything to do with a SO. Employers, landlords, neighbors.

  • 01-19-2011 6:25 PM In reply to

    • shae0323
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    Re: Can a sex offender get joint custody?

    I sincerely appreciate your comment and I will look at the link posted. Thank you.  his charges are only a misd. and he's been granted alot of leeway, and hasn't come into any problems restriction wise. but im sure with time we will hit a bump.

  • 01-19-2011 6:26 PM In reply to

    • shae0323
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    • UT
    • Posts 5

    Re: Can a sex offender get joint custody?

    Thank you :) you were very helpful

  • 01-19-2011 6:28 PM In reply to

    • shae0323
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    Re: Can a sex offender get joint custody?

    i've heard of and know of several offenders that have sole custody of their children.

  • 01-19-2011 6:34 PM In reply to

    • shae0323
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    • Posts 5

    Re: Can a sex offender get joint custody?

    sorry i didn't mention, yes he does have 2 biological children under 18. he's trying to get joint custody of those 2 children.

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