Question:
My ex-wife is dating a registered sex offender who has recently moved in and is now living with my kids.
We currently have joint custody, but I obviously do not want him anywhere around my children.
Is this grounds for a child custody modification?
Answer:
I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Missouri divorce and child custody laws where I am licensed to practice.
Where I practice, the court “shall not award custody or unsupervised visitation of a child to a parent if such parent or any person residing with such parent has been found guilty of, or plead guilty to” certain offenses (enumerated and referenced therein) when a child was the victim.
Thus, if your ex-wife’s is currently dating an individual who has committed one of the crimes listed in this statute, it is likely that there are strong grounds for a change in custody.
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Generally, in order to change a child custody order, a party must file a Motion to Modify Child Custody and plead specific facts or instances which show a substantial and continuing change has occurred and that it is in the best interests of the minor child that the previous custody order be modified.
In your case, the substantial and continuing change would be that your children are currently residing with a sex offender and that said living arrangement is clearly not in the best interests of the minor children.
Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with a divorce lawyer in your jurisdiction.
To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including St. Louis Divorce Lawyer Brittany Brown, contact Cordell & Cordell.
