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KerryH · Mar 28, 2012, 11:49 AM

I have a 2 yr old son and lives with me. His father is a Level 3 Registered sex offender with charges of rape of a minor which was his sister. He is trying to get sole legal custody of my son and his father Lives in NY. Is there any chance of him getting it? I have Filedfor full Cosudy of my son before he made this decision and they gave me Temporary placement of my son.

ScottGem · Mar 28, 2012, 11:54 AM

Is there a chance, yes. Is there a good chance, I doubt it. I can't imagine a court giving full custody to anyone who abused a child, especially a relative. He might, however, get supervised visitation. The fact that his offense was against a female and your son is male, will prossibly work in his favor, but I still don't see him getting full custody.

AK lawyer · Mar 28, 2012, 11:59 AM

I agree with ScottGem.

You say your son's father lives in New York. That doesn't really matter. Where do you and your son live?

You filled for full custody and the court only gave you temporary placement? What's that all about. Is a permanent custody decision still pending?

KerryH · Mar 28, 2012, 05:59 PM

The decision is pending the NY court wants to me travel up there for a pre trial Hearing for the first decision. Which I think is dumb cause I been fighting this for 2 yrs now when he decided to be with a 17 yr minor and now he has a daughter by that one too and he has to pay child support and is not able to see her.
But I am only protecting my son.

ScottGem · Mar 28, 2012, 06:40 PM

Why is this being judged in NY? If you and your son have lived out of NY for more than 6 months, then jurisdiction should be where you live? I would be fighting this on grounds that NY has no jurisdiction.

Fr_Chuck · Mar 28, 2012, 07:16 PM

Agree, you said he had sex with his sister ? Was she the minor, was she the one that was 17 at the time ?

harley hynes · May 22, 2012, 10:21 PM

She was a minor. But My court date stunk. They allowed Him to have My son for two Months ! And now I sit here in Illinois while my son is in NY So not Fair really it isn't.

I miss him a lot right now and just wish he was here. But that's not all of it My Laywer wanted me in Jail and she was suppose to be my lawyer. How do I fight it now since nothing worked?

ScottGem · May 23, 2012, 03:07 AM

Originally Posted by harley hynes

they allowed Him to have My son for two Months !

Are you KerryH?

Something doesn't sound right here. First, what happened to my suggestion about jurisdiction? What are you talking about that your lawyer wants you in jail? Was the award for 2 months straight during the summer? Is there any supervision?

For a court to grant an award like that makes me feel there was something you have left out.