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gnwen · Jan 5, 2012, 07:03 AM

Hi,I am new posting here but have read so much on this site and felt it the proper place to come for insight and some solid answers. I am very confused as to the guidelines of my husband who yes is a sex offender, when it comes to being in the home with my kids. My children are male and one is almost 18. My husband many years ago was charged in his early twenties for having consensual sex with a 16 year old girl. He served his sentence and is now seeking an attorney to petition him off the registry, he abides by every rule, every requirement and has suffered greatly because of the registry. That however could make me ramble for hours so I will pose my question. My ex husband says he can prevent my children from living with me if I reside with my husband. My husband is not on any type of probation, had no repeat offences and has had the same job for many years. He is on the registry, but not on probation, so can he truly be banned from living with us?

excon · Jan 5, 2012, 07:10 AM

Originally Posted by gnwen

He is on the registry, but not on probation, so can he truly be banned from living with us?

Hello g:

First off, the registry's are administered by the state, and sometimes by the county, and they're ALL different.

Secondly, there are different levels of sex offenders, some of which CAN'T be in proximity to children.. Others can.

I SEE that he's SEEKING an attorney... I'd seek and hire one TODAY. He'd know what restrictions your husband has, and he'd be able to respond to your ex.

excon

Fr_Chuck · Jan 5, 2012, 08:40 AM

Can your ex ( I assume they are his children) file a motion in family court asking for custody of the kids on the grounds that a sex offender lives in the house.

Yes he can

He can file a motion for custody for any reason he likes.

If he could win is another issue, there would be a hearing and he would have to prove that your husband is a threat to the kids. His prior sex acts with a teen age girl who was underage, most likely would not cause you to lose custody.
But it could, there is no clear yes or no, a differernt judge with a different opinion of sex offenders may rule in various ways.

Actually YOU, not your husband needs the attorney to deal with your ex over custody.