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P. Simmons
P. Simmons, Attorney
Category: Legal
Satisfied Customers: 35014
Experience:  16 yrs. of trial experience
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I recently married my high school sweetheart and also found

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hi I recently married my high school sweetheart and also found out that he was convicted for lewd and luscious acts with a minor under 14 years of age. it happened when he was 17 convicted at 21. He has to register as a sex offender. My question is i have a 3 year old son I wanted to know if its allowed that he live in the home with us due to his conviction. We live in California i cant seem to find an answer

Hi, My name is***** am an attorney with over 16 years experience. Hopefully I can help you with your legal question.

Can you tell me, is he currently on parole?

Customer: replied 2 months ago.
no sir he is no longer on parole however he is fighting a deportation case because of the conviction.

Thanks

There is no law that would prohibit you living together.
I asked about parole, since they could make a condition of parole that he not be around minor children...so if he were on parole, that could be a basis to prevent him from living with you, his spouse.

But if he is not on parole, there is no law or rule that prohibits you from living together as a family

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.

Customer: replied 2 months ago.
ok so even though he would be considered a step father, I shouldn't worry about anyone from CPS trying to take my child away? Thank you for answering my biggest concern is I don't want my child taken from me.

Ahh...that is a separate issue. CPS can NOT take your child away...ONLY a court can. Now...is it possible a court could seem to remove your rights to the child for you living with this man?

Well...in theory they could. I mean, if CPS believes he is a danger to the child they could ask the court to take away your rights. But they have to prove it...they have to prove that the child is in danger...and what you are describing? Unless there is more to this story there is not sufficient evidence to remove your rights to the child simply for living with your spouse

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.

Customer: replied 2 months ago.
when he was convicted he was 17 he touched his little sister inapropretly, she was 7 i believe. He went to jail for 1 year and did all his requirements the judge ordered. I have sole custody of my son his birth father signed his rights over to me. But what your saying is if someone wanted to make a call somehow to CPS or the police about my son living with us the courts may pick it up and I could possibly get my son taken from me?
Customer: replied 2 months ago.
he did not sexually rape her, i think that's how you would put it. But he did however touch her private with his hand.

Possible? Sure...in theory. The court has broad power to protect children...if they feel you are exposing the child to a harmful situation, they can take the child away.

My point is that unless there is more to this, it is highly unlikely the court would take your rights away.

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.

Customer: replied 2 months ago.
nothing has happened sense the incident with his sister. But I started caring for 3 of my younger cousins, 2 girls under 18 and 1 boy over 18. The father of the girls threatened to call COS or the police on me because there birth mother came and picked up the girls. I was confused and concerned because i didn't know if this would cause an issue with my son. Does that make sense?

It does make sense...and again, in theory, the court COULD take away the child from you IF there is evidence that the child is in danger...but what you are describing, I do not see it...I do not see sufficient evidence to allow a court to remove the child from you

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.

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