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Thoreau (T-USA)
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Can a sex offender legally get married to, and live with, a

Resolved Question:

Can a sex offender legally get married to, and live with, a mother and her children in the state of California?
Submitted: 4 years ago.
Category: Family Law
Expert:  Thoreau (T-USA) replied 4 years ago.

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Thank you for your question.

What follows may or may not be what you want to read. However, please do not shoot the messenger. While I can control the quality of an answer, my control over the content of an answer is restrained by the truth.


A sex offender can marry another adult, even if the other adult has children.

However, in such a situation, the custodial rights of the parent with children may be affected. Courts strive to place children according to the best interests of the children involved. Because of the history and perception of a sex offender, courts often are very hesitant to leave children in an environment that will expose them to a sex offender. Further, if the children are placed with the other parent, the visitation rights of a parent who marries a sex offender may be limited as a result of her relationship with that individual.

It's also important to note that marriage isn't necessary for the consequences listed above to take place. Even a dating relationship can result in those consequences. Again, courts are concerned with the safety and well-being of children, leaving them hesitant to expose children to sex offenders.

For those reasons, it's essential for someone in such a position to discuss the matter in detail with her attorney, as she must consider all of the implications to such a relationship.

Please remember to click Accept and leave Positive Feedback so that I will receive credit for my time and effort spent responding to your question. Bonuses are always greatly appreciated. Clicking accept does
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T-USA

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Disclaimer: By engaging in this correspondence, you agree to and understand the following:
No attorney-client relationship is formed through this correspondence. The following information provided for educational purposes only and is not legal advice/legal services. Correspondence through JustAnswer is visible to the public and is not confidential. T-USA is not familiar with your situation and could not possibly provide legal advice/legal services through JustAnswer. T-USA does not claim to be licensed to practice law in your state. The information provided in this correspondence cannot and should not be relied on for legal purposes.
If you need legal advice/services you should visit a local attorney as soon as possible. You can find a local attorney at
Lawyers.com, Martindale, a Local Lawyer Referral Service, or a Local Legal Clinic (if you cannot afford an attorney).

Customer: replied 4 years ago.
This does not help, so I need to get some clarification. I am the said party who committed an offense involving downloaded images 9 years ago. I did my time, sought therapy/treatment, and successfully completed probation. I still register annually, but beyond that I have no arrests for hands on victims (not before or after my conviction.)

My fiancé knows fully of my past. I keep no secrets from her. She supports me. I'm just trying to move on with my life. And she is trying to help me and be a part of mine.

She has 3 kids under the age of 10. I wish to help her relocate to California so that we may get married and share a life together. But neither of us wish to break any laws. Hence my initial question about whether it was legal for me to live in the same house as her and her children in the state of California.

Extra info that may help you better answer my question: She and her 3 kids are of Cherokee decent. The CPS in her state (North Carolina) has stated that the Cherokee nation in Oklahoma has to do the CPS's job if any alerts are sent their way. In other words, her children could not be taken away from her unless the Cherokee Nation did so themselves. All that is an aside as nothing even remotely close to that has (nor will ever) occurred.

Sorry that this is rambling, but it's hard to find answers on this situation and we are both at the end of our ropes trying to find answers to help us stay within the bounds of the law AND share a life together.

Help?
Expert:  Thoreau (T-USA) replied 4 years ago.

­Please Note: I receive no salary or hourly wage. I do not get paid anything at all unless you click Accept. Clicking Accept simply applies your current deposit to this question and will not result in additional charges to your credit card. If you are a monthly subscriber to JustAnswer, clicking accept does not cost you anything additional. Please respect the Honor System and click Accept when you are pleased with the quality of the response so that I am compensated for responding to your question.

Sex offender residency restrictions tend to revolve around distance from schools and other places where children congregate. In California, such restrictions typically apply to offenders with whom the victim was child, dependent, or who is designated high-risk. The restrictions do not prohibit an individual from living in the same home as children.


That said, if a sex offender marries someone with children, the parent's access to her children may suffer. If the other parent is aware of the sex offender, he can petition the court to modify custody or visitation to limit exposure to the children. In other words, marrying a sex offender can cost a single parent time with and access to her children. Accordingly, the parent should present the details of the matter to her attorney prior to taking such action to ensure that she isn't compromising her relationship with her kids.

If she wishes to relocate the children and the father objects, she'll have to show that doing so is in the best interests of the children. This requires more than a showing that the parent wants to move or can make more money if she moves. Further, if the children will be living with a sex offender in the new state, the court may be less likely to permit her to move with the children.

She really needs to take the details of the matter to her attorney to ensure she doesn't compromise her life with her children.

However, to answer your follow-up question:
Residency restrictions in California do not prohibit an offender from living under the same roof as children. However, they do prohibit certain offenders from living within a quarter mile of schools, playgrounds, etc. Further, certain cities have additional ordinances governing such matters.

There's a great article about residency restrictions at the following link.
http://www.library.ca.gov/crb/06/08/06-008.pdf

Please remember to click Accept and leave Positive Feedback so that I will receive credit for my time and effort spent responding to your question. Bonuses are always greatly appreciated. Clicking accept does
not close the question and you are still welcome to ask follow-up questions if you need clarification.

Sincerely,
T-USA

_____________________________________


Disclaimer: By engaging in this correspondence, you agree to and understand the following:
No attorney-client relationship is formed through this correspondence. The following information provided for educational purposes only and is not legal advice/legal services. Correspondence through JustAnswer is visible to the public and is not confidential. T-USA is not familiar with your situation and could not possibly provide legal advice/legal services through JustAnswer. T-USA does not claim to be licensed to practice law in your state. The information provided in this correspondence cannot and should not be relied on for legal purposes.
If you need legal advice/services you should visit a local attorney as soon as possible. You can find a local attorney at
Lawyers.com, Martindale, a Local Lawyer Referral Service, or a Local Legal Clinic (if you cannot afford an attorney).




























Edited by T-USA on 6/17/2010 at 8:34 PM EST
Thoreau (T-USA), Lawyer
Category: Family Law
Satisfied Customers: 9176
Experience: Attorney
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