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Is it legally possible for sex-offender parent to gain physical custody of daughter?

Currently battling childs father who is Level 3 sex-offender, I have always had physical custody of my daughter who is now 10 ( three years shy of 13 the age of the child he raped KNOWING she was 13!) After 10 years her father has decided he wants physical custody of my daughter. In Nov.09 a judge in Family Court ruled that he continue to have visitation but overnights UNSUPERVISED. Eventhough I brought this up to the Law Gaurdian at that particular time she then stated it could not be found ( the online information indeed stating HE IS A LEVEL 3 ). Now a year an a half later after my daughter has become one of those kids from a horror film!! I don't know who she has become...just very unbecoming NOT how I raised my girls. I have always instilled the best an always left an open window for them to feel comfortable about talking about ANYTHING....( something my parents NEVER did ) . My daughters father lives an entirely different lifestyle, really fast paced sex, money, partying all the time. A life where my daughter can do WHATEVER she wants, say whatever, go wherever UNSUPERVISED!! Just a life that WILL not be tollerated in my recently I called CPS on myself to get help for her, she started behaving in a way I could never imagine. My biggest concern was her harming not only myself or herself ,but my other two children. Or just waking up to a burning apartment! I was investigated so many times by CPS an everyone seems to turn the other way...and this years most recent result from CPS was he is NO lONGER a LEVEL 3 sex offender so she will be safe living with her Level 3 sex-offending father but his 51 year old uncle too. Hmmm...1st since when can you be a rapest and then NOT....I don't understand what I do know is he didn't do it with he conned an innocent 13 year old into thinking it was okay to have sex, and as a father to a female child ADMIT it and stll hold his head high!!!???? So many questions I feel like I am going insane!!!!!

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Asked by Lennettex3 at 12:26 AM on Nov. 28, 2010 in Tweens (9-12)

Level 3 (8 Credits)
Answers (5)
  • I wish I knew what to say. But, I would be finding out why he is no longer in the system as a rapist and Level 3. If I read that right. It was long. I wouldn't want my daughter there either knowing about the history that he has. I don't think I could stand myself, if you know what I mean. Just knowing what he is capable of and his father of course, what else are you supposed to think? There is no way to be sure that she will be entirely safe from it happening to her. I think your feelings are justified and you need a better lawyer to get her out of this. If you are afraid how she will treat your other kids, you need to think about their safety first. I wish you luck on this, you're going to need it.

    Answer by amessageofhope at 12:40 AM on Nov. 28, 2010

  • I'm sure you are, been in similar situation. My ex, father of my youngest child (daughter) is a convicted pedophile. He was actually offered a diversion agreement in exchange for his signed confession to molesting my oldest daughter then age 11! I was 6 and a half months preg with my youngest (our only biological child together - she is now 16) when this came to light. I left him of course but with the DA he was free to stalk, terrorize and harrass. He was finally arrested a year later when he made an attempt on my life. This is a really long story so to shorten it. I'll just tell you that first thing he did when released from prison was try to get custody of my daughter. Denied, visitation denied but he has still remained a threat. I took my daughter and RAN before he could appeal again! Changed names, moved multiple times, everything. Yes, I know about the nightmare, the hell and I'm very sorry you're there!

    Answer by raynestar at 12:47 AM on Nov. 28, 2010

  • Thanks to those who responded, although like I said this has been an ongoing battle for almost ten years...and all we've been through I guess i just find myself in a bind emotionally, I think back and remember her comments in discussions we've had as a family. The little things she said, I feel by allowing her to be with him, an have that relationship they do-which scares me because from my view she looks at him as though he is her boyfriend not he allows her to speak to him, and demand him to do as she says. I think it is a little too late she's been minipulated and brainwashed for such a long time...I've aloud my child to do an say things that I never could of imagined a child saying to a mother..not because I did something but because she just could not simply have her way...or if her dad idint do as she says it'd be worse..not just for me but the other two children! I don't feel in my heart it will change

    Comment by Lennettex3 (original poster) at 10:54 AM on Nov. 28, 2010

  • I just think its so suspicious with all of the CPS cases that have been opened and closed QUICKLY as soon as i mention...his status. They are the ones who say he is no longer who he is listed to be , Thats what I don't understand. I just recently appeared in Family Court, the Law Guardian seemed as though SHE didn't have any knowledge of it in court...I called an notified her yet again and reminded her I stated that a year a half ago in court- she then stated HE WAS NOT listed AT THAT TIME...which was a lie! In a way I feel that the system has failed me and in this RUINED my child...and IGNORE the fact that JUST maybe something is FISHY about the situation!!! I wonder would this have happened if the courts had looked into it thoroughly and saw I had numerous orders of protection, how many times he's been in an out of jail outside the time he spent for RAPING a 13 year old child. The fact he has NEVER had a place to call home

    Comment by Lennettex3 (original poster) at 11:09 AM on Nov. 28, 2010

  • because he has always just been either in jail or living with some female he wanted to claim at that time...and there has been many!! My daughter is able to play her dad with the situations he creates for himself..and my child has the ability to play GOD because she knows more than a child should know at FACT she is infatuated with the movie Orphan ( where a 35 year old woman lives her life pretending to be an orphan- but she resites scenes where the woman seduces the father in the home " why do you keep treating me like I am a child? " ) In fact she brags about being the little girl in the movie next Halloween!! Apparently a movie she'd seen with her father one I had happen to see also- ( an whats crazy ? When I watched that movie for the first time, I thought of her? ) So it really not only creaps me out an DISCUSTS me, to hear her even share stories and situations when she VISITS now or comes back home to EAT an GO

    Comment by Lennettex3 (original poster) at 11:20 AM on Nov. 28, 2010

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