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Legal Information: California

Custody

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Laws current as of January 11, 2024

Can a parent get custody or visitation if s/he is a registered sex offender or lives with one?

A parent cannot get physical custody, legal custody, or unsupervised visitation if:

  • s/he is required to be registered as a sex offender and the victim of the sex crime is a minor; or
  • the parent lives with someone who is required to be registered as a sex offender due to a felony conviction in which the victim was a minor.1  

The only exception is if the judge specifically determines that there is no significant risk to the child if the parent were able to have custody or unsupervised visitation.1

1 Cal.Fam.Code § 3030(a)(1), (a)(2)

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