I have a friend that is going through a nasty divorce. He kicked her and her 4 children out of the home. She had no choice but to move in with her sister and her husband. Now her brother-in-law 14 YEARS AGO had statutory rape charges against him. (He was 18 and a female friend told him that she was 18 too but she was only 15) He did his time and all the other required things. He has not been in trouble since then. Can her sister's soon to be ex husband use that against her in court to get custody of the children.
2007-07-18 10:27:20 · 8 answers · asked by penglish51877 2 in Family & Relationships ➔ Marriage & Divorce
The answer to your question depends on which state you live in and then the answer to your question is MAYBE..
For example in California, Family Code Section 3030 prohibits a person from having custody of, or unsupervised visitation with, a child if the person OR ANYONE RESIDING IN THE HOUSEHOLD IS REQUIRED TO BE REGISTERED AS A SEX OFFENDER. The child may not be placed with the person unless the court states, in writing or on the record, its reasons for finding that there is no significant risk to the child.
So the question is, "Does brother-in-law have to register as a sex offender." If he does, you have a VERY big problem, if he does not, confirm the law in your state and you should be alright.
Good luck.
By the way, the statue of limitiations for sex offenses has to do with CRIMINAL prosecution not parenting and custody issues. The Statute of Limitations for any criminal sex offense is generally the maximum amount of time you could be sentenced. In other words if the maximum amount of time in your State for Rape is eight years then that is the statute of limitations. This is qutie general as many sex crimes i.e. molestation have statute of limitation periods for extended periods of time and in some cases there is NO statute of limitations.
2007-07-18 12:36:37 · answer #1 · answered by Daniel 6 · 0⤊ 0⤋
Sadly, yes. (It's not fair and we need to make new laws about pedophiles. There should be a separate category for teens who are different ages and sleep together. They are not hard core pedophiles. They are love-sick kids.) But, she should not have moved out. She should have made him leave. He will now get the house. She should have stayed and made him go. Now, she needs the best darn lawyer she can get. Help her fine one.
2007-07-18 17:43:17 · answer #2 · answered by Wiser1 6 · 0⤊ 0⤋
She should demand that he take 50% custody of the kids!
How would he know about the charges?
There is no way he could have kicked her out of her own home. She should not have left.
2007-07-18 17:35:21 · answer #3 · answered by lily 6 · 0⤊ 0⤋
Huh? Talk to a lawyer. Didn't you say that he threw his kids out on the street? I would think that would mean more to a judge than some old dating issue.
2007-07-18 17:34:58 · answer #4 · answered by tjnstlouismo 7 · 1⤊ 0⤋
It may be possible because he was an adult and it is on his record. Its a shame that he had to do time for the crime he was accused of....since the girl apparently lied in order to have sex with him...this is assuming that he is telling the truth.
2007-07-18 17:33:46 · answer #5 · answered by Anonymous · 0⤊ 1⤋
Nope. Statue of limitations on sex offenses are 7 years. If he brings it up, he could be sued for slander and defamation. Tell him that.
2007-07-18 17:37:12 · answer #6 · answered by Anonymous · 0⤊ 1⤋
Yes, if he is a convicted child molestor, then yes. Have your friend contact your lawyer for some legal advice.
2007-07-18 17:32:15 · answer #7 · answered by Suzi 5 · 0⤊ 1⤋
Yes he can, she needs a lawyer.
2007-07-18 17:35:26 · answer #8 · answered by Anonymous · 0⤊ 1⤋