I am dating a registered sex offender and I have a nine year old son. Can my son's father gain custody because of this?

This could definitely be a factor the court could use in deciding to name the other parent as the CP and make you the NCP. Additionally, you might get restricted to supervised visitation. Talk to a local attorney about what the court is likely to do with this. There would also be other factors considered for both NCP and CP in resolving this.

You should consider contacting a local family law attorney to discuss all of the details of your unique situation. The attorney will be able to review everything and help you make decisions moving forward. Your son's father could file a modification based on the facts as you explain them. Whether he would be successful depends upon the court's decision after looking at the entire case and all of the evidence to determine what is in your son's best interest.

The old offense is just one piece of the puzzle. The fact that he has failed twice to follow the rules of his probation will make that more of a problem Safest bet is to prioritize your child and find a different boyfriend. A court could find that it is not in the child's best interest to live or visit with even a rehabilitated sex offender. This is a quick answer based on few facts.

Yes, you can potentially lose custody of your child because of this. In fact, I would erase this post because you should have notified your ex (per most court orders) that you were living with a registered sex offender in 2009. Read your current order and make sure you comply with all notice provisions. Meet with an experienced family law attorney in person in anticipation of a custody lawsuit to develop a strategy which should include counseling for the registered sex offender. A major problem is his non-compliance with the terms of his probation/compliance checks, twice, despite drastic consequences. I was the appellate attorney on a CPS case where the mother's rights were terminated because she was allegedly allowing the children around her registered sex offender boyfriend. Like your scenario, the offender had offended against children of the opposite sex. That did not matter at all to the court. Similarly the court of appeals firmly rejects the idea that the state has to wait to act until there is actual harm to the children. That leaves future dangerousness--which the courts/experts are not very good at predicting. I have also represented a person who sought custody after their ex-spouse married a registered sex offender without sending the required notice. That sex offender allegedly had a low probability of re-offending. Custody switched. I think the term "registered sex offender" is applied too liberally to some. I don't think that is the case based on these facts. I think you may have a hard row to hoe (as my grandmother would say) if the father files suit. I would think long and hard about taking this step. Expect to need to present expert testimony on future dangerousness/probability of re-offense.