I was awarded emergency guardianship of my grandson in the state of Deleware after my daughter passed away. She signed guardianship over to me before she passed. The child's father is fighting me in court, He is a registered sex offender. He raped a seven year old girl when he was 14 in NYC. Is it possible that he can win even with such a horrible crime.

Yes he can still get custody, esp if this is years and years later, he has served his time.
What he does at14 may not be who he is today, you will have to show not only this, but how he is a danger to his child. What he has done with this child that would show him a threat.

You will need to show that the mother felt he was a threat and keep him away from the father ( did she ?) or did she allow visits with the father, proving that the mother was not afraid of him.

You will need or should have the best attorney you can get.

He was a part of his life. He was recently arrested for failure to register in the state of nj where he has been living for the past nine years. Could that help my case.

Hello m:

I disagree with my friend, the Padre. In my view, he'll NEVER get custody, and only supervised visitation.

excon

I hope your right, there is so much I am finding out now that it scare's me to think about my grandson's safety.

The fact he did not register can help, any negative thing can help.

This is how court will go, he will be there in a suit, and most likely have character witness to say how great he is not, goes to church, teaches Sunday school, goes to work every day, and so on, ** get the idea. He will have witnesses most likely that will say that the mother allowed him to visit and be part of the sons life, and it is now YOU, that is the problem.

He will admit before anything else is done, he was stupid as a child and that he has served his time, repented of his sin and is now a changed man, He will most likely show he has been to counseling and may even have one of them testify that he is completely over any issues like that.

Then his attorney will want to know from you, why he has not been allowed to see, have visitation with the child. *** assuming he has not since you got the child.

The father may also question the legality of the mom signing custody over to you, without his being notified to be present in a court hearing. He may try to challenge that you should have even gotten legal custody.

If the child's grades have dropped since mom's death ( and why not if the child is in grief) but guess what, he will try to blame that on your raising the child.
May challenge your age ( depending on how old) to be able to care for a busy child.

So yes, get the best attorney you can, even better one , if he has an attorney

Hello Anne:

Welcome to the board... In my experience, sex offenders seldom change their stripes.

excon

Good checklist for the dad's attorney. :)

I agree but I have sat in too many courts and seen too many times it happens.

Hello Padre:

I don't disagree that pedophiles are charming and convincing. Plus, they don't LOOK like monsters. But they are. Hopefully, the judges, in whose court you sat, will have followed the Sandusky trial.

excon

Here is the real problem. The way your stating it the child is male. Since we don't know the age nor sex of the child at this point Im going to say male.

That by itself may be a contributing factor for him to get custody. The real decision must be made as to access. Having a child most parents would participate in programs with the child. Activities and school etc. Its those times of access that other "restricted" children can be involved. Somehow that point needs to be made because he is registerd. It will degrade the child's quality of life if many choices are removed from it because of unwaivering restrictions. First and foremost the child's best interest needs to be first.

He's two years old. My daughter signed over custody in the hospital, She had canceer and was about to go into hospice. I have an attorney, I just hope he is that good.

Do you know of any organizations that I could call to get help from?

Hello again, m:

If you hired a good attorney, he's all you need.

excon