Q: Can a parent petition to have a level 2 sex offender’s parental rights terminated when bio child wasn’t involved in case
Ex 32 (at the time of conviction) raped and impregnated a 15yr old child. He was sentenced to jail time and because of that has no relationship with my child. (He was only awarded letters to send at my discretion to give)(I offered my child the letters and they declined them so they are boxed up). He was recently released and is on parole (also registered as a level 2 sex offender). He has petitioned the court for 50/50 custody (I was originally awarded sole custody back in 2016) because of domestic violence). Is there any way to just have his rights terminated? He severely abused me since I was 14 (he was 24 made me lie for 6 years about his age) and made me stay with him out of fear of him taking my child. (When I left him he decided it was good idea to try the same thing with another underage girl but cps got involved so he was arrested). I don’t believe it’s my child’s best interest to have a relationship with him especially given my child’s mental health issues. He’s sensitive .
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- New York
- (718) 745-3600
- View Profile
- Answered
A:
A parent can petition for anything he wants at any time he wants. The problem will always be to get what the parent wants.
Initial custodial orders (typically for mothers) are based on a rather broad spectrum of behaviors toward the child. There is the daily caretaking, the education, socialization and other activities with a child that make up the basis for an order of custody.
For the visiting parent (typically the father), there must be a showing that visits are not in the child's best interests. As the asker said, the subject child had nothing to do with the impregnation of a fifteen year old at sometime in the past. Moreover, this past misconduct will only be a factor among many a court will consider whether visitation with the father will be in the child's best interests.
A lack of prior domestic violence reporting by the asker will be ignored by the court, and possibly be understood to be alienating behaviors that could decrease her access to her child.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
