Question:
Do I have any say in who is around my child? My ex is dating a sexual offender and, although I have no proof that he is around my son, I am concerned.
Answer:
I do not practice law in your state. Therefore, I cannot inform you as to the specific laws of your state and can only provide you with general tips on your situation.
In Wisconsin, where I practice law, if there is a concern about whether one parent is putting a child in a situation where a child could be in danger, there are a couple of options.
One is to file a motion to modify placement stating that placement should be modified so that your children are placed with you primarily because their exposure to the individual that your ex is dating.
That said, in Wisconsin, for a court to modify placement based on an allegation of this nature, there would need to be some proof that the sex offender is having contact with your child. If not, there is no threat to your child just because your ex is dating this person, but is not exposing your child to this person.
Another option in Wisconsin would be to file what is called a child abuse injunction against your ex’s boyfriend. However, if the abuse that resulted in this individual becoming a sex offender in the first place was not against your son, under Wisconsin law, you would have to be able to prove that because of his past act, there is a substantial risk that he will harm your son.
If an injunction is granted, this would be an additional level of court order that would state that this individual is not allowed to have any contact with your child. It won’t say that your ex can’t keep dating him, but if after this is granted, this individual does have contact with your son, then in Wisconsin, there are criminal penalties he could face.
In your state, you may have similar options to what I noted above and if you meet with a domestic litigation attorney to discuss these options, that person can likely provide you with information about which of these options would be most beneficial and what your chances of success might be under each different option.
Remember, I am unable to provide you with anything more than tips on your situation, so please consult a domestic litigation attorney in your area to obtain specific advice as to the laws in Indiana and how they impact your potential case.
To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Wisconsin divorce lawyer Anne Scipior, contact Cordell & Cordell.
