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    concernedsister's Avatar
    concernedsister Posts: 2, Reputation: 1
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    #1

    Oct 5, 2012, 07:12 PM
    Can a sex offender (CSC 3rd degree, Teir 3) get custody of his 9 month old son?
    My sister is currently married to a registered sex offender. They have a 9 month old son together. Her husband was sexually molested/raped by his father for almost his entire life, I believe. Although he says he can't remember anything. He then raped and molested his own sisters from the time he was 10yrs -23 yrs when one of his sisters turned him in. His dad (my sisters father in law) recently got turned in by his own 7yr old daughter for sexual molestation. (My sisters husband is the oldest of 10 kids.) My sisters husband was convicted of CSC 3rd degree, Tier 3 and spent 2 yrs in prison and completed his probation. I think if my sister was confident she could get custody, she might divorce him. She is the main caretaker of their son, although they both work outside the home. I think it would be insane for a judge to give my sisters husband custody, but of cause that's just my opinion. What would her chances be if she tried to get full custody? Thanks
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Oct 5, 2012, 07:15 PM
    The mother and normal care giver almost always gets custody, he may get visitation and he may be required to have supervised visits, it is all up to the judge.

    There is no 100 percent always
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
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    #3

    Oct 6, 2012, 05:00 AM
    If there was a conviction then why isn't this person in prison? How long ago was this conviction?
    concernedsister's Avatar
    concernedsister Posts: 2, Reputation: 1
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    #4

    Oct 6, 2012, 05:22 PM
    First of all, he pled to a lesser charge and he only spent 2 1/2 years in prison. He got out in 2005 and then was on probation for another 2 1/2 years. His parole officer allowed him to date my sister (she also has a teenage daughter, from a previous relationship, the same age his conviction was for with his sister), which to to me sounds like the parole officer didn't do his job well. My sister is older so she was in a hurry to get married and have more kids so they didn't date very long. And of course, they hid his past from everyone until we found out on our own and confronted them about it after they were already married. I just fear for my niece and nephew and I wish there was a way to get my sister to realize what a big mistake she made and its OK to walk away from him. She needs to protect her kids!
    Thanks for your input
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
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    #5

    Oct 6, 2012, 06:04 PM
    Here is the biggest problem. She knew all of this in advance even before having a child with him. Since she condoned it then there is no reason to complain about it now unless he is doing something that is going to land him behind bars again.

    The excuse of sex offender may be throw out because of the situation.

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