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  1. #1
    Join Date
    Oct 2012
    Posts
    1

    Exclamation Can a Registered Sex-Offender Father Have Custody

    My daughter is 12, soon to be 13, and her father - a registered sex offender who was charged and plead guilty to touching her older sister - has custody of her with his new wife. Now under the law it's not full custody, and i should be able to see her, but his wife doesn't allow this because in lament terms - she's a bitch. I was wondering, is he even allowed to have my daughter in the same house as him according to North Carolina law??
    And for a kicker, his address on his sex offender registration is wrong! It's the house down the road, not the house where he lives with my daughter. I can't afford a lawyer, but i'm thinking i should be able to go to court, mention the circumstances, and get full custody - right??


    Thanks so much for any help!

  2. #2
    Join Date
    Jul 2010
    Posts
    3,394

    Default Re: Registered Sex-Offender Father Can Have Custody

    His wife, in layman's terms, likely has no say in the matter. The custody matter is between you and your husband unless a court gave her custody for some reason. What exactly was the court's ruling on custody? How did your husband, a convicted SO whose victim was his daughter (I assume since she was the older sister of the child he has custody of), end up with greater custody than you?

  3. #3
    Join Date
    Sep 2005
    Location
    California
    Posts
    14,516

    Default Re: Registered Sex-Offender Father Can Have Custody

    Free9man, I think she's in N. Carolina.

    RadicalDame, how is it that you do NOT have custody? If he was in jail, didn't you get custody? If not, WHY not?

    I have to say that if they kept custody with HIM and not you, it makes me wonder what it is in your past that prevented you from obtaining custody.

    If you have visitation orders, then enforce them. Show up with the police at the scheduled visitation time and demand visitation. If there is no set time, then maybe you need to go back to court and get an order that is enforceable.

    As for his conditions as a sex offender, unless he is on probation or parole with a condition that prevents him from being around your daughter, the law will not prevent him from being near her. He might not be limited in contact he can have with her at school or youth sporting events, but I can find nothing that says he has to stay away from kids simply because he is a registered offender.

    http://www.ncdoj.gov/sexoffenderpublication.aspx
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"


    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns

  4. #4
    Join Date
    Jul 2010
    Posts
    3,394

    Default Re: Registered Sex-Offender Father Can Have Custody

    Quote Quoting cdwjava
    View Post
    Free9man, I think she's in N. Carolina.
    So much for reading comprehension 101. Fixed my post.

  5. #5
    Join Date
    Sep 2005
    Location
    California
    Posts
    14,516

    Default Re: Registered Sex-Offender Father Can Have Custody

    Quote Quoting free9man
    View Post
    So much for reading comprehension 101. Fixed my post.
    Gee ... I'm sure I have never missed a state in mid post </sarcasm>
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"


    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns

  6. #6
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    26,470

    Default Re: Can a Registered Sex-Offender Father Have Custody

    Quote Quoting RadicalDame
    View Post
    My daughter is 12, soon to be 13, and her father - a registered sex offender who was charged and plead guilty to touching her older sister - has custody of her with his new wife. Now under the law it's not full custody, and i should be able to see her, but his wife doesn't allow this because in lament terms - she's a bitch. I was wondering, is he even allowed to have my daughter in the same house as him according to North Carolina law??
    And for a kicker, his address on his sex offender registration is wrong! It's the house down the road, not the house where he lives with my daughter. I can't afford a lawyer, but i'm thinking i should be able to go to court, mention the circumstances, and get full custody - right??


    Thanks so much for any help!

    Older sister has different father, yes?
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

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