Sex offender status and parental rights.
In an earlier post and our weekly update, we discussed a Bill (sponsored by Sen. Lauren Book) to expand the number of offenses that would create a rebuttable presumption of dangerousness to children, to include non-contact sex offenses, such as child pornography.
It’s hard to argue that one’s “status” as a sex offender is not punitive, when it impedes your freedom to be a parent to your own children (or future children), even if they had nothing to do with your offense. It’s a scary thought that the government can one day show up at your door and remove your children for something you did decades ago. It’s something you’d only imagine happens under the most tyrannical regimes… only it’s happening here!
Last week, the Mississippi Supreme Court, in Hartley v. Watts (No. 2015-CA-00217-SCT) terminated the parental rights of a sex offender convicted in Florida (the children relocated to Mississippi) in part because of his status as a sex offender. The opinion states, “The chancellor considered the effect of Hartley’s status as a sex-offender. He found that the social, extracurricular, and other activities of the children will be impaired by Hartley’s status as a registered sex-offender and found that this was clear and convincing evidence of risk of substantial harm to the children.”
In other words – the parent’s status as a sex offender would impact his children’s social activities and the father’s ability to remain involved in their extracurricular activities – that his status would “substantially harm” the children.
To any registrant who is a parent or planning to become one; the threat of having the government come in and take away your children should terrify you!
All of these court ruling based on complete bullsh*t instead of facts and statistics. It is true, reality is stranger than fiction. Hundreds of court rulings were made based on the label and a false premise of a ‘sex offender’. It is sad that the supposed ‘greatest country on earth’ could pull such tyranny on its citizens.
Well I think such case should be taken to the US Supreme Court on substantive due process and equal protection claims … moreover, if the State is requiring him to pay child-support after such termination
Is the Missippi case being appealed? If not it should be. The hoy up and left this hell hole of a state and STILL had his family taken away. This just can’t happen. Those kids were not in any danger. It’s just a smear campaign.
i got in trouble when i was 18 because a young lady lied about her age. i was sentenced to 7yrs prison and 8yrs probation. i came home June 18, 2016 I got married 12/24/16. My wife and I are each expecting our first child. The case is out of Florida but I live in Georgia we ad to drive down to court to get denied based on a bias judge who is known for filling up the jail and a judge who fellow judges and lawyers state doesnt follow the law. there are only 2 reasons why a judge would deny a offender the right to have contact with their childrren
1. the offender is a sexual predator
2. the crime committed was against a family member of their own chid
in my case i am a level 1 low risk sex offender and at the time i didnt have any children i was only 18. shouldnt have the right to get to be a parent before im denied the right. my son is due 9/23/2017. my wife and i just got a house what are we suppose to do now. the judge told me to come back with a lawyer next time that cost is $1500 that we dont have at all. if you know of anyone who could help donate or know a lawyer who would help pro bono. that would be an answer to our prayers
If the father of the child is petitioning the court for a parenting plan with the child and is a sexual offender. Will the court grant this? Keep in mind the father was caught in a sting while on probation violated and had sex with a 15 year old girl. The child has not laid eyes on him and is 4 years old.
Your question asks for a legal conclusion. FAC is not a law firm. We are not qualified nor licensed to provide legal advise. You should ask your family law attorney or, if you don’t have one, you can contact legal@floridaactioncommittee.org for a referral.
My stepdaughter is dating a sex offender who was convicted of sexual battery on a child under 12, he was an adult. He gets out of prison in 3 years and she wants to move in with him and she has 2 daughters who will be 9 and 13 when he gets out. Can he live in same house with them? Please help me with this ,he was out after 8 years and failed a lie detector test while on probation and is back in for 3 years. I fear for my grandchildren
If he will still be on probation or parole then I would not worry, I doubt they will let this happen. The PO will address this before he gets out.
@ Lawrence If he has probation or any supervision there might be stipulations where he can be or can’t be. Not everyone convicted of sex crime a true pedophile… If I were you.I would volunteer to let those young kids stay at your house until he has earned trust
I have a neigh who has a conviction of child molestation as well even I have a a sex crime on myself. I step to him and told him he should not be talking to the kids that play around the apartment complex, Then I cover my butt and spoken to Landlady about this and explained my concern about his behavior.
Now some would disagree with me But One bad apple could cause others who live here as well to subjected to police questioning or forced to moved
Well if he is dating your daughter I would voice my concerns to her and just Keep an eye on him
Being that they are not his kids, chances are, he probably won’t be allowed around them. I don’t blame you for being worried. If I were you, I would strongly advise that your stepdaughter Not move in with him because she may not be aware of what she is really getting herself into! Unfortunately the ones who deserve to have the labels messed it up for the ones who don’t
My ex husband is a registered sexual predator; he is currently in prison for the next 5 years. We are divorced and I have custody of our daughter. My question is, does he have any parental rights to her?
I am a mother of three children and was convicted of a sex offense with a teenage male 6 years ago I never had my parental rights taken from me but yet I have not been able to physically raise them due to laws in place against it . ultimately this has not only hurt infected me but it has hurt and infected my children. It is conflicting for them they know their mother loves them and wants to be with them and raise them but there is laws against it when trying to explain the situation to my children which are 14 12 and 11. I have explained how laws work and I have also explain how sex offenders and some most sex cases are violent and can harm children these laws are put in place to protect the children.
basically I have to get them to understand that this is not a decision of my own but it is a decision of the law and then I have to help them understand the law and I don’t know how I could do that when it doesn’t make sense for myself, at the end of telling my youngest son Joey 11 years old he said mom I can tell them you’re a good mom and you love taking care of us you would never harmed us. now my mother is unable to take care of them and they are at risk in going to the foster care system while I as a perfectly good loving mother are not allowed to live with them due to a my sex offender rules and laws. Involving children in any sex offense should be handled Case by case instead of one rule applies to all. Please help find out what I can do ! Not for me but for my children! Ty
A family member is register as a Sex offender not involving my family he is to reside were he is supposed but dc f removed my 2 daughter’s because they got word he was living in the household where he legally supposed to live