CPS Doesn't Want Sex Offender Father Around the Child

My question involves criminal law for the state of: Arizona. i am a registered sex offender. my offence happened over 10 years ago i am on life time probation. just had a child and cps is involved and telling my wife if she wants to keep our child she has to divorce me and they don't want me seeing my child. when we went to court the judge and the person representing cps had no problem with it. now our new case worker does. my wife is not mentally stable and has our child. i was wondering if it comes to divorce if it is possible that i could get custody of my child.

It honestly depends on the nature of the crime. Simply being a sex offender doesn't in and of itself completely disqualify you, but it does stack the deck that way. Unless there was some radical change (preferably something DOCUMENTED by a mental health PROFESSIONAL) in mom SINCE the arrival of the baby, the court will generally hold that if you found her mentally stable enough to impregnate, then she's stable enough to parent the child.

I'd like to know more about your wife's mental instability.

And I'd like to know why CPS are involved.

they think that my wife is mixed bipolar and the reason cps is involved is someone filed a complaint against my wife. she was on Xanax and left our son with the front office of her apartment complex while she went shopping. and feeding him things he is not supposed to have. taking him to the baby sitters for three days or more so she can cheat om me then blames it all on me.

"They"? Who is "they"? Has she been diagnosed? When? Has she been deemed unfit?

What are the findings of the CPS investigation?

And what is your conviction?

they are a state agency that deals with mental health and no they did not finish the evaluation she stopped going when the tharapist said she could be bipolar. the investigation is still going on we just went to court for the first time. my charges where attempted child molestation i was 15 at the time and trying to keep life on track and have as normal life as i can. but i am worried that she could do something with out really knowing it and hurt our child.

Okay.

So, you're still married. Mom has not been diagnosed with anything and there is no proof of any wrongdoing on her part. You have a child molestation conviction from years back. CPS are now saying that you represent a threat.

Do I have that right so far?


First, why are you currently in court?

Next, how old was your victim? (Lifetime probation is unusual)

Dad, please understand - I'm really not trying to be nosy here. I'm trying to get a "feel" for the situation and the details can be critical.

yes still married. No she has not been fully diagnosed with anything except for depression and anxiety. and other then feeding our 2 month old son candy, peanut butter, and other like foods. i don't know what cps is saying they will not talk to me and neither will my lawyer in the case. my victim was about 6 years younger then i was and a female. and in AZ they give almost everyone lifetime probation.

Why isn't your attorney talking to you - and again, WHY are you all in court at the moment?

Mom is not unfit. Mom has not been diagnosed with anything that suggests that she's unfit. You on the other hand have a conviction which involves a child of 9 or less years old.

(I did go through AZ caselaw - and no, not everyone gets lifetime probation)

we are going through court cause we are being accused of neglecting our son i have not been allowed to see my son sense he was born almost 6 months ago and i have been the one working 90 hours a week to pay for all i can. going without food for days so they both could have what they needed. and if she was not unfit they why is she afraid to get an eval done. and as far as everyone on lifetime that is what my public defender told me when i got sentenced. before she became prosecution for the juvenile courts. i honestly don't know what gets people lifetime or not she would not really enplane it to me.