Q: Can a judge to refuse to look at any evidence in a custody case just because one parent is a registered sex offender?
The victim of the registered offender is now married to the offender and it has been 20 years since the offender conviction. The children involved in the custody case have never been harmed by the offender.
Short answer: no.
The custody court's decisions are appealable. If the Magistrate Judge said "on the record," that she was ignoring ALL EVIDENCE produced by your husband, then the judge's decision is likely to be overturned. On the other hand, recent court decisions tell us that if the judge carefully takes the factors in 32-717 and applies it to the evidence she received concerning your husband and your family, then it will be difficult to over turn. However, in my experience, there are several judges in Boise, who simply go through the factors in Idaho Code 32-717 and then, rather than make a detailed comparison of each factor to the evidence brought out in trial, then their decision will be appealable. Good Luck!
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