Possible Change of Placement

My question involves a child custody case from the State of: WI

Hello everyone. I have a question that I'm hoping you can help my husband and myself with.

Currently my husbands ex-wife is planning to marry a registered sex offender. He is currently still in prison and we are not sure when he is to be released. Husband found this out online. She has not revived to him that she was dating (don't care if she does) nor the wedding. So she doesn't know we know nor does his kids.

We live out of state and have been building for a custody case for a while knowing she was putting her needs in front of the children :(

Never thought she would go this far! As you can imagine my husband is sick with worry, we do not know what we can do ~ even if we can do anything yet. (she has dated sex-offenders in the past while they were married)

Are we to wait till he gets out of prison and marries/moves in with her before we can act? What are his changes of gaining placement - or even custody (they have joint-legal).

A little about this person - if it is relevant, he has a lot of theft charges, breaking and entering, etc... but the "3rd Degree Sexual Assault" of a child. :(

We are unsure what to do! We can not afford a lawyer so will have to do everything on our own. I have talked to my parents to help us possibility get a lawyer in the later stages.

I know these cons pray on single women to get to their kids... husband told me about the "people" (if you can even call them that) she would date and even had the NERVE to take his girl to!

Any help would be MOST welcome and please let me know if I can add any details to help.

Thank you,
concernedsm

He's not a danger to the children while he's in prison. (Also, depending upon his offense, it doesn't automatically translate that he would be dangerous to children.) You've given us no indication of when he's likely to get out.

If she marries him or is bringing the children into contact with him either through prison visits or after he gets out, and there's reason to believe he poses a danger to children, that's something a court will consider in a motion to modify custody.

3rd d SA/C is generally considered a class G felony in Wisconsin and statutory rape may be included (just to give an idea of what he may have done); sentencing guidelines:

Quote:

---

For a Class G Felony, the penalty is a fine of up to $25,000, or imprisonment of up to 10 years, or both; however, for a repeat offender, the term of imprisonment may increase up to 2 years with prior misdemeanor convictions, and up to 6 years with a prior felony conviction.

---

If his crime is statutory rape, it's highly unlikely to affect Mom's custody unless there are aggravating circumstances.

If it's anything BUT statutory rape...that changes the picture drastically.

OP, there is no chance that this guy, even if he marries Mom, is getting custody. Just as you won't be getting custody either :)

(as stepparents you don't share the parent's custodial rights - so nothing to fear from him on that ground!)

Thanks for the responses! It was a amended to a "Felony D" from "Felony C" ~ not sure what those mean either to be honest.

It does have "Repeated acts of sexual assault with the same child" listed in the description.

We have no idea when he gets out, that is the concerning part. Husband wants to know if there is a way of looking that up or if we will need a lawyer to do that for us. Currently he has only found the court cases and his prison location.

Thank you very much for all your help, I know my husband appreciates it. I have given his my user info so he may be posting soon with more information.

Quote:

---

Quoting concernedsm

---

Thanks for the responses! It was a amended to a "Felony D" from "Felony C" ~ not sure what those mean either to be honest.

It does have "Repeated acts of sexual assault with the same child" listed in the description.

We have no idea when he gets out, that is the concerning part. Husband wants to know if there is a way of looking that up or if we will need a lawyer to do that for us. Currently he has only found the court cases and his prison location.

Thank you very much for all your help, I know my husband appreciates it. I have given his my user info so he may be posting soon with more information.

---

Do you know where his case was heard? If so, call the court and ask the clerk for information re: his conviction. Unless the record has been sealed, court records are public.

Quote:

---

Quoting concernedsm

---

Thanks for the responses! It was a amended to a "Felony D" from "Felony C" ~ not sure what those mean either to be honest.

It does have "Repeated acts of sexual assault with the same child" listed in the description.

We have no idea when he gets out, that is the concerning part. Husband wants to know if there is a way of looking that up or if we will need a lawyer to do that for us. Currently he has only found the court cases and his prison location.

Thank you very much for all your help, I know my husband appreciates it. I have given his my user info so he may be posting soon with more information.

---

OK that would appear to be a more serious offense - but again, stat rape may also fit into this category.

Have your hubby speak with an attorney, soon.