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C.Tatman · Jun 10, 2011, 01:17 PM

Can a one time sex offender live with his kids after he is out of jail if he is willing to register and go to counseling? My sons father was convicted of unlawful touch of a minor 4 years ago and has never re-offended he is in jail for violation of probation right now, for leaving state. He knows he made a mistake and is committed to changing his life, my social services case worker said I can't be in a relationship with him and have my kids, but at a family planning meeting they said we could be a family again. Does state law prohibite him from being in our family or is it up to the judge? He is willing to go to counseling and do what ever treatment that they ask him to do so he can be in his kids' lives.

AK lawyer · Jun 10, 2011, 01:19 PM

Originally Posted by C.Tatman

... Does state law prohibite him from being in our family or is it up to the judge? ...

We have 50 states. Which one are you asking about?

cdad · Jun 10, 2011, 01:38 PM

Was this a conviction for one of his own children or was it one outside the home?

C.Tatman · Jun 10, 2011, 02:44 PM

Outside the home and much older than his kids

C.Tatman · Jun 10, 2011, 02:45 PM

I am asking about Colorado state law

AK lawyer · Jun 10, 2011, 03:11 PM

Originally Posted by C.Tatman

I am asking about Colorado state law.

I don't see anything in the Colorado statutes which addresses the question. And my guess is that there isn't. It appears to me that the social worker is making up rules as she goes; flying by the seat of her pants.

C.Tatman · Jun 10, 2011, 03:25 PM

Thank you for your help

Fr_Chuck · Jun 10, 2011, 06:30 PM

But even if there is no law, if your kids are involved with social services ( I guess I have to ask why they are even involved ?)
They have guidelines and rules about children they are involved with. So children are removed from homes all the time with no crimes done.

C.Tatman · Jun 11, 2011, 09:48 AM

What does it state about step children? Would he be allowed around my daughter from a previace relationship ?

Fr_Chuck · Jun 11, 2011, 12:40 PM

What is the rules on his probation about being around kids ?

A step child is not "his child" and sorry why would you want a known child molester around your own child ?

AK lawyer · Jun 11, 2011, 03:20 PM

Originally Posted by C.Tatman

What does it state about step children? Would he be allowed around my daughter from a previace relationship ?

To answer, let me explain how the Colorado Revised Statutes, as most state codes, are organized. They have a Criminal Code (Title 18) which defines what conduct is criminal. When one has been convicted of such a crime, a sentence is imposed, again according to statute. But this doesn't normally determine what an ex convict can and can not do, with certain exceptions. Convicts' rights are restricted in certain ways. For example, it is considered a separate crime for a convicted felon to possess firearms.

But a statute which restricts the permissible activities of convicted child molesters is not common. There are federal and state programs requiring them to register, but I don't know that there are any laws restricting their otherwise lawful activities. So a law that would prohibit them from being around their step-children would be rare and, if it exists in Colorado, is placed in an unknown portion of the Colorado Statutes.