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  1. #1
    Join Date
    Jan 2011
    Location
    San Jose, CA
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    3

    Question Parent with Sex Offense Conviction in Another State Seeking Custody

    Ok, here is the basic set up.

    -Out of state offender. ("Convicted" in Washington State 10+ years ago)
    -Lives in CA now.
    -Case was a he-said-she-said high politics case which landed him a level 3 status.
    -Has served full sentence, and is on no type of supervision.
    -Has recently found out he is a new father.
    -Wants 50% - 100% Custody.


    With his status as a registered sex offender, will there be any issues with child protective services with him gaining partial/full custody of his child?

    Thank You in Advance.

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
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    35,894

    Default Re: California Resident, Out of State Offender, Child Custody. is It Possible

    What exactly was the nature of the offense?

    It matters.

  3. #3
    Join Date
    Jan 2011
    Location
    San Jose, CA
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    Question Re: California Resident, Out of State Offender, Child Custody. is It Possible

    ...not sure what the leading charge was as megans law website is not required to reveal his address/charges because he's an out of state offender living in CA... but I believe he pled to a lesser charge, I believe it was charged as molestation on a person over the age of 14 but under 18 - non family member.... from what I know the girl was 17 and not a family member....

  4. #4
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    Apr 2009
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    Default Re: California Resident, Out of State Offender, Child Custody. is It Possible

    That would generally NOT result in Level 3 status in the state of WA unless there were aggravating circumstances...and I can promise you, there was a whole lot more to it than he said/she said.

    Regardless, if he wants any type of custody, he needs to speak with an attorney. 100% custody isn't going to happen unless he can prove Mom unfit AND the State believes he's suitable. Frankly he may only ever get supervised visitation.

  5. #5
    Join Date
    Jan 2011
    Location
    San Jose, CA
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    3

    Question Re: California Resident, Out of State Offender, Child Custody. is It Possible

    There is a LOT more to the case than I can manage to type out, but the mother of the girl involved had strong ties to law enforcement through family/friends - he took the plea to the lesser charge cause he thought that would be better in the long run to get through it all.

    The case is a political mess to begin with and an even bigger mess after sentencing...

    The reason I'm posting to find out if he has any sort of rights to his child considering his status is because baby-mama has threatened to leave the state with child...

  6. #6
    Join Date
    Apr 2009
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    Somewhere near Canada
    Posts
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    Default Re: California Resident, Out of State Offender, Child Custody. is It Possible

    She has a good chance.

    This is why he NEEDS an attorney.

    I hate to sound doubtful but the charge you mentioned very, very rarely results in level 3 offender status. I have the feeling there's more to this than you've been told.

    But regardless, he should speak with an attorney immediately. Paternity needs to be established.

    One thing sort of in his favor is that apparently Mom knew about the offense and still had a relationship with him, and many courts will take that to mean she admits he's fit parent material.

    So, it might come down to CA statute - is a level 3 sex offender (the offense involved a minor) - entitled to any sort of custody? Please bear with me, and I'll go and look for the statute itself!

  7. #7
    Join Date
    Mar 2009
    Location
    Key West, FL
    Posts
    2,350

    Default Re: California Resident, Out of State Offender, Child Custody. is It Possible

    The politics and the whine whine whine means nothing. The only thing that really matters is what he was convicted of. There is not clear, and I don't think it matters much.

    Yes, it can be used against him. Depending on the details and seriousness, it could prevent custody and could require visitation with supervision.

    However, it depends on how prepared the mother is, and if she has an attorney that is prepared. She just can't say blah blah blah. They have to be able to prove it, which means a certified copy of the conviction from the court. The burden of proof is on her.

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