How likely is it for a judge to grant custody of my son if he's a registered sex offender? 4 Answers as of June 09, 2013

I and my child's father dated for about a year amd also resided together up until I was 9 months pregnant. He didn't want anything else to do with myself nor the child. He then filed a restraining order with false allegation of him fearing his life in order for me to be removed from the home. Since the birth of my son, I moved back in with him and there has been 2 incidents in which the father claimed a bruise on my son's bottom came from him wiping him too hard and on another occasion my son had welts and a knot on his forehead. From that point on, the father has never been allowed in the presence of my son without me. Long story short, through 1 of his family members, I found out he was a registered sex offender. I obtained his indictment records, conviction dates, etc. And immediately moved me and my son from the home. I placed him on child support in which he was totally against. Once court ordered to pay on April 3rd, he then looked for me and asked to see my son. I allowed so only in my presence and he then used my address to file for custody of my son to avoid child support. He also has a 7 year old in which the grandmother of the child has custody. My son is 11 months. He was to make his 1st payment starting on the 1st of May. I was served with his custody proposal May 14th. I responded to the courts same day. His family members began calling me private and I texted him asking that they stop. I do still have the messages. He then called and said "since you think you are so smart to get a lawyer watch I make it so you not have the kid at all". The next day, he filed a motion of contempt saying I violate my order. I have messages showing he always initiated contact with me. Will this restraining order have an effect in the case and cause the judge to award him custody? I have a job. I'm renting a home. I don't use drugs I'm a good mother. This is my first son. He's asking to legitimize, change of last name and custody. I agreed to changing his name but only supervised visits.

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Grace Law Offices of John F Geraghty Jr.
Grace Law Offices of John F Geraghty Jr. | John F. Geraghty, Jr.
You need a Lawyer.
Answer Applies to: Georgia
Replied: 6/9/2013
Musilli Brennan Associates PLLC
Musilli Brennan Associates PLLC | John F Brennan
It was mentioned you have engaged an attorney, that is where you are wisest to go for advice as they have all of the facts.
Answer Applies to: Michigan
Replied: 6/9/2013
Glenn Milgraum PC
Glenn Milgraum PC | Glenn P. Milgraum
While each case is fact specific, the court will always act in the best interest of the child. By the way you put forth the facts it sounds as if you are more likely the better choice. The court however may appoint a "law guardian" to advocate on behalf of the child.
Answer Applies to: New Jersey
Replied: 6/9/2013
Lombardi Law LLC
In Alaska I can never predict what a judge would do. However I imagine that they would give you at least supervised visitation if this is the case. Make sure you get all the information to the judge so that he or she has evidence before them that shows he is a sex offender. There are some judges that have allowed visitation even if he is a sex offender but I hope it will be supervised. Just make sure in your documents to the court that you put sex offender in front of his name wherever possible. An attorney can help you with this to make sure that your pleadings are correct and that the judge knows the sex offender part.
Answer Applies to: Alaska
Replied: 6/9/2013
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