QUESTION
Can we petition for full custody if my 4 year old step son is living with mother and her boyfriend who is a convicted sex offender?
Asked on Apr 26th, 2014 on Child Custody - Idaho
More details to this question:
My husband who has 50/50 custody of his son and I just found out that the boyfriend of my step son's mother is a registered sex offender! Attempted sexual exploitation of a minor. They have lived together for 3 years! Is this legal? If not, can we now petition for full custody and get it? We are very scared.
5 ANSWERS
Family Law Attorney serving San Rafael, CA
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Warren Law Group PC
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This is a very serious situation, as you well know. Yes, you can and probably should petitioner for full custody as well as exploring a restraining order to keep the boyfriend in no-contact. Even though a proposition like this sounds like it should be automatically granted, I have seen such efforts fail. Do not attempt this without an attorney if you have any ability to retain counsel. There is more information that is county-specific. Reply and tell me what county's court issued the 50/50 order.
Answered on Apr 28th, 2014 at 8:23 PM
Arbitration Attorney serving Irvine, CA
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Law Office of Linda K. Frieder
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Petition for full custody.
Answered on Apr 28th, 2014 at 8:08 PM
Your husband can petition then court to change the existing order and award him full custody based on changes in the circumstances of the parents and if the change is in the best interests of the child. You would not be involved and neither would the mother's boyfriend. Whether or not it is "illegal" for the mother to have a registered sex offender living with her when she has her son depends on the terms of the conviction in the criminal matter. The mother could counter any petition to modify by having the boyfriend move out.
Answered on Apr 28th, 2014 at 7:08 PM
Yes. You can get full custody under these circumstances. Just file a motion for full custody, and give the court the facts.
Answered on Apr 28th, 2014 at 6:35 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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You can always petition and depending on the exact nature of the offense, perhaps. If the offense is recent and not a result of a young man having sex with a willing underage girl, e.g. he is 19 and she is 16, then I would venture to go so far as to say probably. However, if you want to pursue this your husband really ought to hire a lawyer to present the best case possible to have the child removed from contact with the boyfriend. Also, does mom know? I know she ought to, but many times people will not talk about their past. If she doesn't know, your husband should tell her and see if she has the smarts to kick the boyfriend out.
Answered on Apr 28th, 2014 at 5:58 PM