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Dave Kennett
Dave Kennett, Lawyer
Category: Family Law
Satisfied Customers: 27689
Experience:  25 years experience as practicing attorney
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My sister is married to a registered sex offender. He is no

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My sister is married to a registered sex offender. He is no threat and is noted as that it was over a Internet porn case. He ex husband found out and will not gives her two boys back. She has custody and he has visitation. Will the courts take her children from her. They live in Nebraska and what does she need to do.
Dear JACUSTOMER - I can never predict exactly what any court will do in a specific case, especially without having access to all the evidence. What I can say is that until there is a court order changing custody your sister has a right to her children. So if the kids are not returned on time she needs to file a motion for contempt of the custody and visitation order with the family law court as soon as possible. The father could file for an emergency order based on these facts as it would be up to the court to determine if the new husband presents some type of danger to the children. I understand that you believe he doesn't but in situations like this the court will probably look at the history in order to make certain the children are protected. In the meantime, she needs to file a motion for contempt against the father since he has no right to violate the visitation and custody order without first getting permission from the court.How all of this will end up if there is a full custody battle I cannot say as it will depend on the background and history of the new husband's past and how relevant it is to the best interests of the children.
Customer: replied 3 years ago.
Since it is Sunday what options does she have to get the kids back. He refuses to give them back today. The courts knew that there were children in the home when he went thru all of his legal issues. Do courts take children away because of the registered sex offender issue. Her and her ex husband never get along
If the court was aware of the background of the new husband and didn't remove the children then there would be no reason to remove them at this time. If there is something in the divorce or custody order that would prevent the children from living with a sex offender then she could have a problem. As I said above, all of this depends on all of the circumstances so there isn't a simple answer to the overall problem. As for being on a Sunday, there's nothing she can do except contact the police who generally will not get involved in such matters under these circumstances. Most police departments will say this is a civil, domestic matter and will tell the custodial parent to file an action in the family law court. So the only option she will have, since the court is closed today, is to file a motion tomorrow for contempt and for an order for the return of the children.
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