Is it legal for the father of my child to take her from me because of my current boyfriend's criminal history?

Question

I have a two-year-old little girl. She has been with me since birth. I have lived with a friend of mine with both my children for the past six years. I started dating an old friend recently, and the guy/friend we were living with kicked me out for it. The guy I am dating was accused of being a sexual offender 16 years ago (age 17) for a child under the age of 12. He was dating older women at that time with three children, who accused him of this on her daughter because he moved out and left her. He now is a registered sex offender. I am having to stay with him at his home until I find a place for me and my two kids to rent. My daughters’ father got mad at me because I left him for the guy I am with now. He got my daughter on August 3rd for his regular non-court ordered visit. He was supposed to return her to me on Aug 5th. He neither did return her nor let me see her. In addition, the father and I had DNA testing done because he thought that there were four other possibilities that could be my child’s father, knowing that he was her father. He did not have anything to do with her until she was 11 months old. He is court ordered to pay child support as well. I was served with custody papers on the morning of Aug 9th. He is trying to get sole custody because of whom I am dating. Can he keep her from me, due to my boyfriend’s history? Do I stand a chance in keeping custody of my daughter? How can I see my little girl? I have been in her life every single day since birth. I have not seen her in over a week and it is affecting me emotionally. I am concerned with how this is affecting my daughter.

Melvin Franke · Answer

The Court orders controls.

Gregory Crain · Answer

Yes.

Daniel J. Pingelton · Answer

I'll be straight with you here. You have a problem. First, though, your ex is violating a court order by keeping your child. He cannot do that. Eventually this will get into court, and when that happens, the fact that you're dating a registered sex offender will most definitely be relevant in this case. If his victim was under the age of 12, then you really, really have a problem.  You may need to make a decision, and soon, about whether you want your child or your new boyfriend. It sounds like he pleaded guilty to the offense, so all the stories he's telling you now don't matter AT ALL. He will be considered by the court to be a sexual offender on a 12-year-old victim, and you will NOT do well in court if you're dating him, let alone living with him.  Honestly, you need to take a hard look at yourself and break up with this guy. Now. If you hired me, I'd tell you the same thing. If you came in and paid me a bunch of money, I'd tell you the same thing. Any lawyer who tells you differently is not being straight with you. Do you want your new boyfriend or your child?

Cathy Cook · Answer

In Ohio, an unmarried mother has custody by law. Unless he has an emergency order of custody, you still have custody, and he cannot legally keep the child. You can call the police and he can be charged with interference with custody.  As for his custody case, however, you may have a very difficult time retaining custody if you are living with a registered sex offender of a child. You need to consult with local legal counsel immediately.

Harry Roth · Answer

OK. The details takes you from seeing, to living with, to using as a baby sitter. Your boyfriend was not accused of being a child molester. He was convicted of being a child molester.  You showed incredibly poor judgment all the way along, especially the last part. That said, the court has not changed custody, at least not yet, and until or unless it does, he is breaking the law by withholding custody from you. Call the police if you must. Were I in your shoes, I would find myself a new place to live yesterday, no excuses, no garbage. Just do it. I would also find a guy to date who was not a convicted child molester. Really, in this age, it is pretty easy to find that sort of thing out. You obviously have heard of the Internet. Use it.

Steven Alpers · Answer

The court may have already given him temporary custody. He will probably get at least temporary custody until you move out of your boyfriend's home and cut all ties with him. She is too small to report him if something were to happen. You need a lawyer.

Dennis P. Mikko · Answer

You need to respond to the custody motion he has filed.  You should seek legal help.  If you cannot afford legal help, try to contact your local legal aid and see if they can represent you.  It will ultimately be up to the court to determine custody and you want to make sure all facts are presented to the court.

Dave Hawkins · Answer

If you choose to live with a sex offender, the Court must limit your contact with your child. RCW 26.09.191 meaning a transfer in custody may be appropriate.

Dorothy Spinelli · Answer

Courts typically consider sex offender as a valid reason to change custody.

John Brennan · Answer

You are in a world of hurt. The Court Orders rule. You need an attorney. Yes, under the circumstances it is possible you will lose custody of your daughter.

Joanna Mitchell · Answer

If you are living with a registered sex offender, then yes, it is possible for you to lose custody of your children for failing to protect them properly.

Keven A. McKenna · Answer

It is possible you will lose a custody battle in Family Court. You will always have visitation. Depends how the case is present. Based on your facts, you are starting in a weak position. The test is the child's best interest. Is your choice of men in your child's best interest?

Leonard A. Kaanta · Answer

Custody is placed on the best interests of the children. You need to find an attorney to represent you.

Timothy Byrne · Answer

It appears he will or has filed for a modification of custody. He may have obtained an emergency orddr of custody given your facts. Your decision is whether your living arrangements are suitable to the child's best interests. Hire an attorney.

Michael Yeksavich · Answer

Why are you involved with a registered sex offencer when you have a small  child? In a custody dispute the Court can and will take his prior history into account in determining custody.

Tres Porter · Answer

There will almost certainly be a court order restricting the registered sex offender from being around the child. Whether or not you choose to stay with your current boyfriend will have a major impact on the issue of custody.

Barbara A. Fontaine · Answer

A sex offender is not even supposed to be in the presence of children, never mind living with them. What are you thinking? Another person he lived with accused him of sexual offenses against her children. You seem to have chosen a sex offender instead of your own child. Think of how you are putting her at risk at some time in the future. You do not HAVE to stay at this man's home. Find another safer place for your child. Don't you have parents, relatives, friends? The father is entirely within his rights to have custody if you keep company and especially live with a registered sex offender. He will be arrested when they find out he has a child living in his home.

Rebecca Parker · Answer

The short answer to your question is yes. The fact that your boyfriend is a convicted sexual predator means that your ex has a very good shot at getting custody of your daughter.  You should break up with your boyfriend immediately and cut off all contact with him.

Gary Russell · Answer

Then you may want to cease living with and dating a registered sex offender.

Dean Esposito · Answer

If custody has never been litigated, he has no right to keep your child from you.  You need to file a custody suit against him. It will certainly not look good for you that you are living with a registered sex offender. Each judge is different but none will look favorably upon this.  Uncertain how your particular judge will handle custody and visitation.

James Lentz · Answer

You need a lawyer.  This is not an appropriate forum for so complicated a case.  If you cannot afford one, seek out the Legal Aid Society, but if you want to keep your daughter, get a lawyer now.

Glenn Tanner · Answer

Your boyfriend wasn't just accused, he was convicted. PROVEN to be a sex offender. If you want your child, dump your boyfriend.

Jason P. Kutulakis · Answer

You need to consult with and retain an attorney immediately. You can file for special emergency relief.

Find a Lawyer

Ask a Lawyer

Read Legal Articles

Ask a Lawyer

Read Legal Articles

Is it legal for the father of my child to take her from me because of my current boyfriend's criminal history?

23 ANSWERS

Find Local Child Custody Lawyers

Helpful Resources

Ask a Lawyer