Can a parent who is a registered sex offender, or who lives with one, get custody or visitation?
If a parent is a registered sex offender, there is a “rebuttable presumption” that it is not in the best interest of the child for that parent to get custody or unsupervised visitation. This means that the judge will assume (presume) that it is not in the best interest of the child but the sex offender parent can offer evidence to try to change the judge’s mind. The same standard applies even if the parent is not a registered sex offender but lives with someone who is – the judge will assume it’s not in the child’s best interest to be in that home unless the visitation is supervised.1
The judge can only give custody or unsupervised visitation to a parent who is a registered sex offender if the judge specifically determines that the sex offender poses no danger to the child.2
1 A.C.A. § 9-13-101(d)(2), (d)(3)
2 A.C.A. § 9-13-101(d)(1)