Can my ex get custody of our child once it is born if he is a registered sex offender?

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My ex is a registered sex offender who's case was against a 2 year old girl when he was 13 years old. Since then he has a trespassing charge where he had to be maced by the bouncer and tased by the police. And after I broke up with him he threatened to kill me while I was pregnant (I have a witness to this). He now wants to have joint custody once the baby is born. Will the court give him anything such as custody or visitation?

Attorney Answers

4
Jay Bodzin ·
Having been convicted of a sex offence does not automatically disqualify a parent from getting custody of their children. However, that does not mean that you need to let your co-parent dictate terms. Here is some of what you need to know: There are two related issues to child custody: legal custody, and parenting time. 'Legal custody' refers to decision-making authority over a child. A parent with legal custody decides where a child goes to school and what religion they observe, makes medical decisions for the child, and so on. Parents can agree to joint legal custody, sharing this authority, but a court will not order joint custody unless the parents agree to it. So your co-parent can't force you to have joint legal custody if you don't agree to it. 'Parenting time,' or 'physical custody,' refers to where a child lives each day, and how their time is divided between their parents. Each custody case ends with a parenting plan describing where the child or children stay. These plans can be as specific or general as the parents need. The parents are free to deviate from the plan if they agree to do so, but the plan is there for when they can't agree. The harder it is for two parents to agree on these issues, the more important it is that the plan be clear and specific. Under Oregon law, courts make decisions about legal and physical custody according to the best interests of the children. Obviously that's pretty vague, bu the law sets forth a few standards for determining just what is in the best interests of children: The most commonly followed guiding principle is that a child should remain with the parent who spent most time with them before -- the "primary custodial parent." In practice, this is almost always the child's mother, especially when the children are younger. Many judges also try to follow what they understand the current psychological literature about child development to be, which again tends to militate in favor of leaving a child with their mother most of the time, unless there's something seriously wrong with her ability to parent. The law also presumes that it is in the best interests of the children to have an ongoing relationship and continuing contact with both of their parents. If the court must decide which parent is awarded primary legal and physical custody, it is more likely to grant it to the parent who has shown that they will encourage an ongoing relationship between the children and the other parent. Parents should not try to keep their children away from each other, unless one parent has clearly been abusing the children. However, if a parent presents a risk of harm to their child, then visitation can be limited, generally by requiring that it be supervised - either by professionals, if they can be afforded, or by family members if they can't (though this can cause all kinds of tension and problems if people come to distrust each other's families). Note that you would have to prove an actual risk of harm to a child for this to work. The crime for which your co-parent was convicted (or adjudicated, if a minor) is a terribly disturbing one, but it was also, I presume, many years ago, and if he's completed a course of treatment and been doing well since then, the court may decide that the mere fact of the offence, without proof of ongoing issues, does not disqualify him from unsupervised parenting time. On the other hand, if there is evidence that he continues to offend against children, then that evidence should be brought before a court at once. In conclusion, you will almost certainly get legal custody if you (or he) file a petition for custody and parenting time with the court; he will probably get some kind of limited visitation rights, which may start out quite limited but may expand as he demonstrates that he can handle it. You should consult with an attorney in private if this remains an issue.
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Ronald Allen JohnstonFamily Law AttorneyBeaverton, OROR licensed ·
Anything is possible, but almost certainly you will retain custody for the reasons you mentioned. PT? Dad will likely get some PT if he insists, but you should insist that it be controlled tightly. With the death threat, probably at a supervised facility that he pays for. If you make it default enough, likely he will just go away.
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Joanne Reisman ·
If you don't already have a family abuse restraining order (FAPA) due to the death threat, you need to get one. Just what you described tells me that the father has very poor impulse control. When your baby is born he will not have any parental rights immediately. You should resist having him added to the birth certificate. Make him apply to the state to be established as the father through paternity testing. This will also automatically subject him to paying child support. He might be happy to leave you alone so he doesn't have to pay child support. I suspect his threat that he wants joint custody is because he heard that this will get him out of paying child support. Now if you apply for State assistance in the form of welfare, food stamps, or medical insurance, the State will require you to assign your rights to get child support so they will go after him anyway. So if you want to get him out of your life that means not going to the State for assistance. However, if he does get involved due to the child support being established, you should be able to Petition to have his visitation limited, preferably to supervised visitation. The court could also require him to take anger management classes and parenting skills classes. Also visitation with a new born is generally only granted for a few hours and is not overnight. I think getting a FAPA order in place now will help establish that he is a threat to you and your baby and will increase your chances of limiting his involvement with your child.
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Jaye Taylor ·
You should not assume that his criminal record prevents him from getting custody. If you are in an Oregon court, the judge cannot order joint "decision making" unless you agree to it. You probably need to meet with a family law attorney right now, so you have a strategy that is likely to result in you being awarded sole legal custody (decision making). I strongly recommend you talk to an attorney sooner rather than later, so that you don't do or say things in the next few months that will make it more difficult for you to prevail later.
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