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  1. #1
    Join Date
    May 2006
    Posts
    4

    Unhappy Can a sex offender have custody

    I have been divorced for over 5 years. The divorce and current custody orders are in the state of Idaho. My ex husband didn't play nice for lack of better words, so after us having joint custody with myself having primary physical for 3 years, I chose to move out of state. To make a long story short, he agreed to let me take our daughter out of state with me to live. He asked if he could have her for a couple weeks while I settled in, and since we'd never had a problem before, I agreed. Well, he told the court in Idaho that I had abandoned my daughter and without me ever being made ware this was going on, the court granted him sole legal and sole physical custody. He denied me visitation for 2 years. I could not afford out of state attorney fees to enter a modification. Now some time has passed, and I talked my ex into letting me fly from my residense in Missouri to Idaho to get my daughter and have her live with me. I was told by a Missouri attorney that since I have had my now 6 year old daughter living with me for over 6 mos (10 mos now) she would be considered a MO resident and will be bound by MO law. He is currently in county jail awaiting sentencing for felony sexual battery against a minor child and lude/lucsivious conduct. I am scared that once he serves his time (he gets sentenced in 3 wks) since he currently has sole custody, I will be forced to let my daughter live with her father who got sexually involoved with a child! Can this happen? Can she be removed from my home? I can't pay the lawyer $1000 to take care of it. Legal aid denied my case! Please! I'm begging, can anyone out there help??!!!!!

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,644

    Default Re: Can a sex offender have custody

    Quote Quoting lovingmom
    I was told by a Missouri attorney that since I have had my now 6 year old daughter living with me for over 6 mos (10 mos now) she would be considered a MO resident and will be bound by MO law.
    It sounds like the last custody litigation occurred in Idaho. Missouri is now the child's home state based upon the six months of residence, so you can bring a petition before a Missouri court under the Uniform Child Custody Jurisdiction Enforcement Act (UCCJEA) to have the custody case transferred to Missouri.

    Quote Quoting lovingmom
    I am scared that once he serves his time (he gets sentenced in 3 wks) since he currently has sole custody, I will be forced to let my daughter live with her father who got sexually involoved with a child! Can this happen? Can she be removed from my home?
    If you do nothing, it is possible. Particularly given that he apparently committed a sex crime involving a minor, if you act it may be possible to significantly limit or terminate his custody rights.

    Quote Quoting lovingmom
    I can't pay the lawyer $1000 to take care of it. Legal aid denied my case!
    Take a look at the resources listed by the ABA, both in Missouri and Idaho, for finding free or affordable legal help.

  3. #3
    Join Date
    May 2006
    Posts
    4

    Default Re: Can a sex offender have custody

    Thanks for all advice. I'm soo scared of her being removed from my home to live with him. It is a bit shocking that our system would allow a child to live with a sex offender. Thanks again for the advice. Anything you may think of is beyond greatly appreciated.

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