Can Male Sex Offender Get Custody of His Son?

Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.

“Is there any chance or are there any cases that allow a male sex offender to get custody of his male son because the mother can be proved to be unfit by alcoholic violent rages.  Scared for my son and my own safety.”

If you wish to file for custody of a child and have serious issues with your record, you should get help from an attorney.  The Court does not remove custody from a parent unless there are very serious issues with that parent, and in cases like these where there is the potential for the Court to take issue with both parents, there is a possibility (a very *small* possibility, but a possibility nonetheless) that the court could remove custody from *both* of you. In part this will rest on what your sex offense was – if it was, for example, lewdness or activities with young boys, this would be more of an issue than if it was having sex with a 17 year old girl whom you reasonably believed to be over 18.   If finances are an issue, contact your county Bar Association for are ferral to a pro bono family law attorney, legal clinic, or local law school clinic program.  All of these sources will either be free of charge or will charge on a sliding scale fee basis.