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P. Simmons
P. Simmons, Lawyer
Category: Criminal Law
Satisfied Customers: 33909
Experience:  16 yrs. of experience including criminal law.
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My daughter is 23 years old and just got out of a physically

Customer Question

My daughter is 23 years old and just got out of a physically and emotionally abusive relationship with her 2 children's baby daddy. Her children's ages are 4 and 19 months old and they live here at our house with her while she goes to college to "try" to make something of her life so she can support her kids. She has a restraining order against the baby daddy and he was arrested from this last incident in October for 2 counts: 1) battery of her, and 2) battery in the presence of minors. Guess what? This occurred about 2 months ago now.
Here's my question now, though: She is already out running around with a new boyfriend, his cousin (their moms are sisters), and I guess that's ok. But the part I am having a hard time with is that this cousin JUST got out of jail for statutory rape that he was originally under probation for, and then he broke into cars 2 different times and got arrested for the burglary and theft by taking which revoked his parole. So, he's been in jail until last week, and now they are pal-ing around and she's taking her kids to the house he's living at, and they are already having PDA in front of the kids.
My questions: 1) isn't he now a registered sex offender because of the felony? and 2) can she have my grandkids around him whenever?
I read your explanation on this, and he is NOT the biological father. He is the cousin of the biological father. So how is that supposed to work?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  P. Simmons replied 1 year ago.

Hello! My name is ***** ***** I am a licensed attorney with more than 18 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help

Also, if you would like to chat on the phone, let me know and I can make that happen.

I am sorry for this dilemma.

It is likely that this person (the one who served prison time for statutory rape) is required to register. SO that begs the question...can she have the kids around him?

It is not a problem from his standpoint...that is, unless he is on parole with conditions that prevent him being around children, there is no law which would prevent him from being around the children.

That said, mom could be held responsible for this. It is possible that the state, via their child protective services department, could take steps to remove custody from the mom. CPS would need to go to court and convince a court that mom is a danger to the child...but if she is exposing the children to a sex offender?? It may be the court agrees and removes custody.

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.