• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

"Statutory rape" and custody of you children.

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

aceygg

Junior Member
What is the name of your state (only U.S. law)? TEXAS

My husband received deferred adjudication for "Aggravated Sexual Assault of a Child" when he was 18 for having consensual sex with a girl who was 13. He is now a registered sex offender, served no time, and has been off probation for a LOOOOONG TIME. He's 32.

He has joint custody with full unsupervised visitation of his two children. His ex and he got divorced because she got pregnant with another man's baby...there has been no abuse and she has never brought up his being a sex offender ever. Until he has an issue with her breaking some part of the custody agreement.

His daughter is almost 12 and has expressed some interest in moving in with us and my two daughters (and one we share together.)

Could his ex try to spin the SO thing against us, even though it has never been an issue before???
 


Proserpina

Senior Member
What is the name of your state (only U.S. law)? TEXAS

My husband received deferred adjudication for "Aggravated Sexual Assault of a Child" when he was 18 for having consensual sex with a girl who was 13. He is now a registered sex offender, served no time, and has been off probation for a LOOOOONG TIME. He's 32.

He has joint custody with full unsupervised visitation of his two children. His ex and he got divorced because she got pregnant with another man's baby...there has been no abuse and she has never brought up his being a sex offender ever. Until he has an issue with her breaking some part of the custody agreement.

His daughter is almost 12 and has expressed some interest in moving in with us and my two daughters (and one we share together.)

Could his ex try to spin the SO thing against us, even though it has never been an issue before???

Please understand there is no such thing as consensual sex with a 13 year old. Period.

But that aside, if he has unsupervised visitation then he is evidently not considered a risk to his child/ren and it can't really be held against him.

However, in order to change custody he'll have to show a change in circumstances - the 11 year old simply wishing to move in is not going to cut it.

(Unless Mom agrees of course - then it's moot)

So what's the change in circumstance?
 

aceygg

Junior Member
Well, I understand you point about not being consensual (but not knowing she was 13 also plays a big part. He is in no way a sexual predator or pedophile. He was a very young immature guy who made a mistake.)

That being said. I was under the impression that a child may wish to choose where they live once they reach the age to be able to choose...with court approval that is. We have a stable home...mother does not. She moves around a lot...and the children have been in 4 schools in 4 years.
 

aceygg

Junior Member
We aren't seeking custody because we feel she is a bad mother. The children have just expressed interest in living with their father, and we want to know what we're in for.
 

Proserpina

Senior Member
Well, I understand you point about not being consensual (but not knowing she was 13 also plays a big part. He is in no way a sexual predator or pedophile. He was a very young immature guy who made a mistake.)

That being said. I was under the impression that a child may wish to choose where they live once they reach the age to be able to choose...with court approval that is. We have a stable home...mother does not. She moves around a lot...and the children have been in 4 schools in 4 years.


You're mistaken.

In no state may a child choose where s/he wants to live at 11. Or 12.

Or even 13.

As a teen, s/he might be able to get the court to listen to his/her preference, but the court is by no means obliged to change custody simply based upon that preference.

Dad needs a change in circumstance.
 

sometwo

Senior Member
Please understand there is no such thing as consensual sex with a 13 year old. Period.
I agree and if some 18 yr old touched my 13 year old I'd press charges so fast their head would spin.


Now on with the fact that the daughter cannot chose to live with whomever they want . There has to be a change in circumstance . So what is that COC?

ETA:

We aren't seeking custody because we feel she is a bad mother. The children have just expressed interest in living with their father, and we want to know what we're in for.
No your child . You aren't getting anything. You are a legal stranger. You did so well in your first post this one, so wrong.
 

CJane

Senior Member
Mom's relocations/the changes in schools might be enough of a COC, especially as the child/ren get older and develop more of an attachment to communities/friends/etc.

At 12, in Texas, a child can file an affidavit of preference as part of an existing modification. Their wishes will then be considered - they will not determine the outcome.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top