My ex husband got out of prison a year or so ago and now that he's off parole he wants me to send my children a couple states away for the summer. Can he take me to court and win this absurd request?

This type of permission would never be granted to a registered sex offender.

What is absurd about it ?

Is he on the birth certificate ?
Has he been proven the father by DNA if not on birth certificate?

Is there a child visitation order in place and if so, what does it say.

As to the crime, who did he molest? A small child, this child? Was it perhaps sex with underage girl. Having sex with a 16 year old, for example does not mean he is a threat to his own child.

So if he does not have any child visit order in place, he only has the right to go to court to get a order. If there is a order in place, you will need to file in court to have it modified.

Also if he has not seen the child in years, it would be normal if you file in court to ask for counseling for both father and child, and supervised visits to start with.
Or just supervised visits.

Yes he can get at least supervised visits if he is even a threat the child.
Unless he actually molested this child, in which case, it is possible for the court not to allow any visits.

This type of permission would never be granted to a registered sex offender.

I will note we do not know what type of crime they did, having sex with a 16 year old hooker or girl is bad and wrong, it does not show threat to his own child.

I put it in the title! It was OUR daughter at age 4!

If it was your daughter, have you been to court and got any order of protection against him,
Does he claim to have been though treatments ?

But I would say you want to hire an attorney and move to take away any of his rights.

Can he take me to court and win this absurd request?!Hello mom:

When you divorced, what was said about custody or visitation? If nothing, and I suspect that's the case, from a family court perspective, he has as much right to your child as YOU do.

However, from the criminal courts perspective, he probably is precluded from being around children at all, EVEN though he's off parole. If that's the case, I'd remind him that any attempt to contact your daughter will result in a call to the authorities, and he'll be LOCKED up again...

That would be cheaper and faster than going to family court. But, I don't know ANY of the facts, so I'm winging it here.

excon

Can he take you to court? Yes. Can he win? I highly doubt it.

I can't imagine any court allowing the perpetrator of sexual abuse being allowed contact with the victim of that abuse.

A couple of other points to make. Sorry, but the title wasn't 100% clear that it was your daughter he molested. The title of a thread should be a brief summary of the question. The body of the question should contain the details. Had you included the nature of the conviction in the body, previous answers may have been different. If you use this site for help again (and I hope you do), please remember that

He will need to file for visitation where you currently live since that area has jurisdiction. So if he does file where he currently lives you ask that it be dismissed for lack of jurisdiction.

The question of whether custody and visitation were addressed in the divorce is pertinent. I'm assuming you divorced after he was arrested. If visitation was not addressed by the divorce, then you refuse visitation until a valid court order is issued (which I doubt if it ever will). The only problem I see you having is if visitation was addressed as part of the divorce and it was allowed knowing about the abuse. But I would still refuse and make him take you to court over it.

Good luck and keep us posted.

It's so said they he has done his time according to what he was sentenced only to be released into a world that continues to punish him for his actions. No crime is worst than the other. Yet society excepts anal penetration as a way of life!

It's so said they he has done his time according to what he was sentenced only to be released into a world that continues to punish him for his actions. No crime is worst than the other. Yet society excepts anal penetration as a way of life!

Seriously?? This man abused his FOUR YEAR OLD daughter! Do you think its fair to force her to be in the same room as the man who victimized her? Do you have any idea how high the recidivism rate is among pedophiles?

I'm all for the paid their debt to society line of thinking but there is an exemption with pedophiles. They cannot be put into a position where they would be in contact with children.

On a separate note, you are new here so you may not be aware that there is a higher standard to answers in the legal forums (and similarly in other "technical" forums). Answers here need to conform to the actual law being asked about. Since the question was about this man being granted visitation with his victim, your answer needed to deal the law on the issue. It didn't, instead you just posted your opinion on second chances for convicted felons.

I put it in the title! It was OUR daughter at age 4!

Read literally, the title suggests that your daughter is a registered child molester. The tilte doesn't mention the husband, to whom the "my" was apparently intended to refer, and the "(our daughter @ age 4, now 10)" is at the wrong position in the sentence. I realize this interpretion would be absurd, but you must see that the title is confusing.