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? 10 Answers as of April 29, 2014

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.

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Borzilleri Law Office | Christine Borzilleri
Child custody is very complex. However, the potential risk of harm to the child should be enough to obtain full placement of your stepson. I would recommend hiring a local family law attorney if you expect the mother to "put up a fight".
Answer Applies to: Rhode Island
Replied: 4/29/2014
Grace Law Offices of John F Geraghty Jr.
Grace Law Offices of John F Geraghty Jr. | John F. Geraghty, Jr.
Yes he can seek a modification of custody based on these circumstances and with the right proof he can get it.
Answer Applies to: Georgia
Replied: 4/28/2014
Law Office of Linda K. Frieder
Law Office of Linda K. Frieder | Linda K. Frieder, Esq.
Petition for full custody.
Answer Applies to: California
Replied: 4/28/2014
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.
Answer Applies to: California
Replied: 4/28/2014
Law Office of Brent R. Chipman
Law Office of Brent R. Chipman | Brent R. Chipman
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.
Answer Applies to: Utah
Replied: 4/28/2014
    Attorney at Law
    Attorney at Law | Frances An
    Yes. You can get full custody under these circumstances. Just file a motion for full custody, and give the court the facts.
    Answer Applies to: California
    Replied: 4/28/2014
    John Russo | John Russo
    Courts are not there to get something from, or to win, so therefore giving odds or assurances is inappropriate. With that, if what you allege is factual then getting ex parte emergency relief should not be that difficult. The first thing you should do id retain a very good family law attorney to handle this matter for you, unless you are more afraid of the financial cost then you are of the potential harm this child could suffer.
    Answer Applies to: Rhode Island
    Replied: 4/28/2014
    Peters Law, PLLC
    Peters Law, PLLC | Mark T. Peters, Sr.
    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.
    Answer Applies to: Idaho
    Replied: 4/28/2014
    Smith Law | Sharon K Smith
    Yes you can.
    Answer Applies to: Pennsylvania
    Replied: 4/28/2014
    Law Offices of Arlene D. Kock
    Law Offices of Arlene D. Kock | Arlene D. Kock
    While there are no guarantees that a return to court on a request for order will change custody, the situation you describe suggests a serious need to reevaluate the parenting arrangement.
    Answer Applies to: California
    Replied: 4/28/2014
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