Reseda, CA asked in Family Law, Child Custody and Juvenile Law for California

Q: Can my oldest daughter get my 14 year old taken away for dating a sex offender?

My boyfriend lives in FL, my kids and I are in CA. We went to court in FL and the judge, therapist, and probation officer signed off on my 14 year old meeting my boyfriend. He is no risk to children. My 24 year old has threatened to call social services and have my child taken from me. Does she have any legal recourse?

Edit: the daughter that is threatening me had sex in front of her younger sibling knowing she was awake when she was 9 or 10.

1 Lawyer Answer
James L. Arrasmith
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Answered
  • Criminal Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: Cases involving minors, sex offenses, and custody are very complex legal matters.

That said, in general, if someone has reason to believe a child is being abused or neglected, they can report those concerns to child protective services, who will then investigate. Dating a registered sex offender could potentially raise concerns during such an investigation, even if a judge has previously allowed contact.

However, the outcome would depend on many factors - the offender's specific conviction, risk assessment, terms of probation, the child's age, evidence of any inappropriate contact, etc. A report alone would not automatically lead to custody loss without an investigation.

I would strongly advise consulting with a California family law attorney who can properly advise you based on the full details of your situation. They can assess any legal risks and advise how to protect your parental rights while ensuring your child's wellbeing. In the meantime, prioritize your child's safety and abide by any legal conditions in place. I wish you all the best in navigating this challenging circumstance.

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