Monday, April 11, 2011

WHAT VISITATION RIGHTS SHOULD A REGISTERED SEX OFFENDER GET?

I frequently receive questions from people regarding their family law issues. The following is a question which the inquirer agreed may be publicly revealed, and my answer to the question:

QUESTION: I found out after the court ordered visits that my daughter's father is a registered sex offender. He has visits twice a month at my home and I have to take her twice a month to his home, for a total of 4 visits a month. Is there anything I can do to stop his visits? He has been absent during all but 8 months of her 3 1/2 years and has paid nothing towards child support. The first visit under the order was April 2, 2011. I am very worried.

ANSWER: You can file an Order to Show Cause to modify visitation, to request an Order that the father's visits with your daughter be supervised by a professional visitation monitor, or in the alternative, to terminate his visits.

You didn't indicate in your question how you found out that the father is a registered sex offender, or what his criminal sexual offense was or when it was committed, but you should seek and obtain documentation regarding his conviction and his registration, to provide to the Court in support of your OSC for modification.

I can't predict whether or not the Court would order a termination of the father's visits, not knowing the details of his sexual crime or how recent it was, but I would highlight to the Court the fact that the father didn't reveal his status as a registered sex offender to you or the Court when he applied for visitation, to demonstrate that he shouldn't be trusted.

You should retain an experienced Family Law Attorney to represent you in this important custody and visitation case, to prepare your OSC paperwork and to conduct the hearing of your OSC.

This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. www.conviser.net.

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