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Español.Can a sex offender get custody or visitation?
Judges in STATE are supposed to consider a history or domestic violence, as you can see from our website [HYPERLINK TO QU ABOUT CAN A PARENT WHO COMMITTED DV GET CUSTODY]. However, it’s still possible for the parent to get custody or visitation.
In terms of being a registered sex offender, it’s not clear if that alone would affect your ex’s chances of getting custody or parenting time. The judge’s decision might depend on a variety of factors. You may want to ask an attorney if the specific nature of the other parent’s crime may be important when deciding if the sex offender status affects the custody case. If, for example, a person is convicted of a sex offense that is seen as non-violent, such as statutory rape, a judge may or may not put so much value on how it affects the other parent’s parenting skills.
In deciding custody, the judge will generally look at what is in the best interest of the child. The judge may assume that frequent and continuing contact between each parent and the child is in that child’s “best interest” unless the parent presents a physical or physiological danger to the child. Perhaps an attorney can help you think through whether or not you should try to show the judge that the offense s/he was convicted of puts your child in danger if your child is alone with him if that is the case.
When a person is preparing for a court hearing to determine custody, it may be a good idea to gather as much information as possible about themselves and the other parent that will help the judge get a good picture of the parties. In your case, you may want to ask a lawyer if you should (and how to) gather information about the parent’s sex-offender status, the crime he was convicted of, and the facts regarding the crime. Here is a link to more information on custody issues in STATE: LINK You may also want to contact a local lawyer in STATE who may be able to give you more specific information on custody and visitation issues in your state before filing any papers with the court (if you are considering that) or to represent you on the case if you are in the middle of a custody and visitation case: LINK
