Family Law

Family law questions? Ask a family lawyer online.

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

FOR My step-son's mother was dating a registered sex

FOR JAMES My step-son's mother was...
FOR JAMES
My step-son's mother was dating a registered sex offender for 2 years, was engaged to him and then lost a 7 month old baby that belonged to him. She lied about who the father was because he was still under probation. A lawyer told us there was nothing we could do since we did not have photos of him and the child together, even though the mom talks about him and the things her and the child do together with this guy's family (she claims he is never there). Is there anything we can do? How would the father go about taking her to court without a lawyer? Thanks!
Show More
Show Less
Ask Your Own Family Law Question
Answered in 6 minutes by:
10/16/2017
Longhorn Lawyer
Category: Family Law
Satisfied Customers: 13,365
Experience: Knowledgeable in all aspects related to family law matters.
Verified

What is it you are trying to accomplish?

Ask Your Own Family Law Question
Customer reply replied 9 months ago
We would love to get custody of him because he has no stability with her...different boyfriends, change of homes and jobs. And then she openly admitted 2 years ago that she started seeing a guy that was listed on the Sheriff's website as a violent sex offender. Clearly her judgement is to be questioned if she thinks this is okay. If we were to go to court without a lawyer, how would we start the process to represent ourselves and what would we need to support our case. We have been keeping a list for a while now of her behaviors. What would our chances be?

Thank you for your patience. Your answer is below. When you get your answers, you will be asked to give a rating - 4 or 5 stars are appreciated. This is important because this is how I credit for doing my job. Don't worry, you can still ask related follow-up questions even after you've given a rating. Thank you!

ANSWER: His father would have to file a petition for sole custody of the child with the court in which the child resides. Ultimately, the court will make a decision on the case based solely on the best interests of the child, not the interests of the mother and not the interests of the father. So it will be important to provide evidence of her shortcomings as well as how the living arrangements might negatively affect the child, and inversely, how the stability and living arrangements in his father's home will benefit the child.

He'll also have to show that there has been a substantial change in one or more of these factors:

  • The age and sex of the child.
  • The wishes of the child's parent or parents.
  • The wishes of the child, with more consideration given to the child's wishes if the child is at least fourteen (14) years of age.
  • The interaction and interrelationship of the child with the child's parents, siblings and other people who affect the child's best interests.
  • The child's adjustment to the child's home, school, and community.
  • The mental and physical health of all individuals involved.
  • Evidence of a pattern of domestic or family violence by either parent.
  • Evidence that the child has been cared for by someone other than a parent for at least six months to a year, depending on the child's age. This person is called a "de facto custodian". If there is a "de facto custodian," the court shall consider:
    • The wishes of the child's de facto custodian.
    • The extent to which the child has been cared for, nurtured, and supported by the de facto custodian.
    • The intent of the child's parent in placing the child with the de facto custodian.
    • The circumstances under which the child was allowed to remain in the custody of the de facto custodian, including whether the child was placed with the de facto custodian to allow the parent now seeking custody to work, look for work, or go to school.

As far as chances of success, there is no way for me to know that. It will depend on the evidence provided, both in support of him and detract from her.

Here you can find the relevant statutes regarding modification of custody: https://iga.in.gov/static-documents/e/b/3/f/eb3f2eb8/TITLE31_AR17_ch2.pdf

I hope that answers your questions. Please remember to give me credit for doing my job by clicking on 4 or 5 stars at the top of your screen.

A BONUS is also appreciated if you feel I've earned one today. And remember, you can still ask follow-up questions if you need to.

If you want to talk on the phone, I am available to do that for an additional fee.

And if you have new questions in the future, you should write FOR JAMES in the question. That way, I become your personal Professional.

Thank you!

Longhorn Lawyer
Category: Family Law
Satisfied Customers: 13,365
Experience: Knowledgeable in all aspects related to family law matters.
Verified
Longhorn Lawyer and 87 other Family Law Specialists are ready to help you
Ask your own question now
Customer reply replied 9 months ago
Thanks!
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a family lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Longhorn Lawyer Your Own Question
Longhorn Lawyer
Longhorn Lawyer
Longhorn Lawyer, Lawyer
Category: Family Law
Satisfied Customers: 13,365
13,365 Satisfied Customers
Experience: Knowledgeable in all aspects related to family law matters.

Longhorn Lawyer is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,971 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,034 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

P. Simmons

P. Simmons

Lawyer

3,593 satisfied customers

16 yrs. of experience including family law.

Barrister

Barrister

Lawyer

3,571 satisfied customers

Attorney with 17 years experience

RobertJDFL

RobertJDFL

Lawyer

2,991 satisfied customers

Experienced in multiple areas of the law.

ScottyMacEsq

ScottyMacEsq

Lawyer

2,828 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Family Law Questions
My husband was involved in a custody case which included at
My husband was involved in a custody case which included at the time is 8 year old son. The mother had been seeing a registered sex offender. It's been about 2 years since he lost the battle to get hi… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
My daughter got married 3 years ago and got pregnant 9
My daughter got married 3 years ago and got pregnant 9 months later. They were together 7 years before getting married. Her husband started an affair during the pregnancy and actually continued it unt… read more
Sean K
Sean K
Attorney/Member
JD
869 satisfied customers
My son is in a custody issue with the mother of his child it
my son is in a custody issue with the mother of his child it has been a long going process,they had joint custody,court was held here in texas in 2011.his daughter ,my granddaughter, stayed with us 95… read more
Ray
Ray
Lawyer
Doctoral Degree
33,336 satisfied customers
Is it legal for a step parent to provide medical insurance
Is it legal for a step parent to provide medical insurance to a step child in IN? We recently switched insurance plans to add my husband and his son to my plan. The child lives with his mother who is … read more
Longhorn Lawyer
Longhorn Lawyer
Lawyer
13,365 satisfied customers
I have a question, I live in the state of Missouri. My ex-husband
I have a question, I live in the state of Missouri. My ex-husband has filed papers to have primary custody over my 13 year old son. We have been divorced for 8 years and have had joint custody. I have… read more
Sam
Sam
Attorney
Doctoral Degree
10,701 satisfied customers
My question pertains to the rights of a father who is a registered
My question pertains to the rights of a father who is a registered sex offender. Mother and father are separated but not officially divorced as of yet. They have a three year old son together. As of n… read more
Sam
Sam
Attorney
Doctoral Degree
10,701 satisfied customers
Is sexting between an adult and a minor a crime in Florida
If an adult through facebook messages arouses a minor sexually describing a sexual act and gives instructions on how to masturbate, is this a crime?… read more
Zoey, JD
Zoey, JD
Doctoral Degree
194 satisfied customers
My granddaughter is 2 and lives with her mother in a home where
My granddaughter is 2 and lives with her mother in a home where she has no bed or bedroom, she sleeps with her mom and her moms boyfriend. There is also a registered sex offender living in the house. … read more
Barrister
Barrister
Lawyer
Doctoral Degree
3,571 satisfied customers
My husband is a level one offender in new York state. He
My husband is a level one sex offender in new York state. He has done his time. On probation and was only supposed to register for ten years. Shortly after his sentencing the ny law changed that level… read more
Dimitry K., Esq.
Dimitry K., Esq.
Attorney
Doctoral Degree
7,856 satisfied customers
Help PLEASE, R.I. I have been for my 2 sons ages 9 & 11. There
Help PLEASE, R.I. I have been for my 2 sons ages 9 & 11. There is joint custody with placement with the father. I contacted DCYF because I found out the father was taking the boys to his moms house fo… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
My daughter was joined in a civil union with a female, afterwards
My daughter was joined in a civil union with a female, afterwards through artificial insemination her partner became pregnant and gave birth to our grandson. He was given our last name at birth. The s… read more
dkennedy
dkennedy
Attorney
Juris Doctorate
27 satisfied customers
Hello, my name is Ewa. I have question regarding my son Patryk
Hello, my name isXXXXX have question regarding my son Patryk and grandson Kody. My son is living in Florida for 5 years now. He met the girl and now they have 3 years old son.(his birthday was on 01/1… read more
AlexiaEsq.
AlexiaEsq.
Managing Lawyer/Advocate
Doctoral Degree
37 satisfied customers
Well here goes-can an adoption be over turned if the parent
Well here goes-can an adoption be over turned if the parent was tricked into it?My daughter has 3 children 2girls and now a son. I have custody of the girls(one is already adopted by me and working on… read more
AlexiaEsq.
AlexiaEsq.
Managing Lawyer/Advocate
Doctoral Degree
37 satisfied customers
My daughter is 10 years old hasnt seen her father in 12 weeks
My daughter is 10 years old hasn't seen her father in 12 weeks becauses he had a registered sex offender living with him. Apparently they moved out and now he wants her for the weekend. She doesn't wa… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
20,147 satisfied customers
My son fathered a child 6 years ago, but was never married
My son fathered a child 6 years ago, but was never married to the baby's mother. My son is listed on the birth certificate as the father of the baby, and also has a paternity test to prove that he is … read more
P. Simmons
P. Simmons
Lawyer
Doctoral Degree
3,593 satisfied customers
i have nothing on my record. she has lost two kids, DUI, probation,
i have nothing on my record. she has lost two kids, DUI, probation, adultery, married registered sex offender then annulment, domestic violence arrested twice, charges dropped though, about to get mar… read more
Anne_C
Anne_C
Attorney
Doctoral Degree
13 satisfied customers
what more do you want to know. nothing happen i just found
what more do you want to know. nothing happen i just found out about this after he left. we believe she might be moving in with this guy… read more
Dave Kennett
Dave Kennett
Doctoral Degree
25,741 satisfied customers
my daughter had a baby from a sex offender he was in jail when
my daughter had a baby from a sex offender he was in jail when the baby was born she gave me legal custody he is not on the birth certificate he got it for 2nd degree sexual assault of a child he is o… read more
JPEsq
JPEsq
Attorney
Doctoral Degree
5,086 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x