Could Custody Be Changed Because the Custodial Parent is Married to a Sex Offender

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Quoting Dogmatique

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The change of circumstance would be you moving in with Mom - against the court order.

Now, Mom can try and have the order modified herself...but honestly, she needs to be calling attorneys ASAP. I'm aware of a couple of instances in which such a clause was deemed unenforceable after sentencing was completed (and hence the clause was removed) but it took some finagling to actually convince the court.

Good luck - I think this might be a bit of an uphill battle.

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the agreement/court order with the ex that was filed said that it was ok for the mom, the step son and I to continue living together (this is what the ex agreed to before sentencing) it only gave the requirement that i would not be alone with the stepson.

I suppose I was lax in not asking exactly how the order was written, to begin with. Sorry about that!

If the situation is basically returning to how it was before you were incarcerated, and that Dad was ok with you living together, that's several points in Mom's favor if Dad decides to press the issue. It would seem a little unfair for him to use that against her now.

However - because of the nature of the situation, it's still worth having chat with a local attorney who can gauge the court's climate.

Good luck - I can see you're trying to get your lives back on track and wish you all well.

thanks for your feedback. my wife is contacting a local attorney. i hope the message is clear to anyone reading this read (you other husband's and father's out there) .. stay away from getting involved with this stuff (the internet stuff) .. the ripple effect on your family's will be horrible!! regaining trust with the community is possible, but it's a long, long battle, and it will never be what it was before.