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A woman with an 11 year old daughter, marries a felon (who has not received permission to marry) who has violated his probation and been returned to prison. The felon is in prison for having illicit pornagraphic material involving children, on his computer. He has been the presence of, and in the home of the child prior to his arrest for parole violation. Is the marriage of a mother of an 11 year old, to a potential child molester considered legal? The father currently shares custody, is he in a good position to get full custody? He was uninformed of the man's background, nor was he told by his ex-wife that she intended to marry.
State/Country relating to Question: Idaho Already Tried: Coordinating with Victim Services to be informed of prisoner's status. His next parole hearing is November 6. We have prepared statements expressing our concern. Prisoner has requested to live with another sex offender upon release. Parole officer signed an approval for this. We want the offender to have no contact whatsoever with the child and do not believe he will remain away from her or her residence.
The right to marry (and the right to intimate association) is encompassed within the ninth amendment right to privacy, and the first amendment freedom of association. Therefore, a prohibition against felons marrying would certainly violate the felon's constitutional rights. <br /> Regarding custody, based on the mother's apparent failure to properly safeguard the child, yes the father has a good chance of being awarded primary/full custody.RHolloman40077.895821875
We know prisoners are allowed to marry but wondered what consequences would be if the mother knowingly married a sex offender and withheld the information from the father. How would that affect a custody petition. We'd like to know what we can do.
the failure of the mother to notify the father could be viewed as a form of a breach of the mother's duty to warn/notify the father of dangers to the child's welfare. The father can act on the matter by petitoning the court for a hearing on custody where he can raise this issue under an argument of child endangerment.
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