If I’m a mother of 3 young children, can I legally marry a sex-offender?

I have a boyfriend that was convicted of a sex crime over 20 years ago. He spent 17 years in prison. Since I have 3 children DCFS is saying we can’t even talk to each other anymore. DCFS took my kids for just dating him last year. I got them back but was told I couldn’t have any contact with him. I have seen his papers and even researched the laws. No where have I seen that he is forbidden to be around children, just that he can’t be unsupervized around them; he never was but still there saying we can’t be together. Can we legally get married?

Asked on July 14, 2012 under Family Law, Arkansas


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I think that you are correct: there is no law that forbids you - who has children - from marrying him becuase he is a regsitered sex offender.  But - and this is a big but - you have already seen what can happen since DCFS is involved and I do think that a petition by an interested party (DCFS or family) could be brought to change the custody determination, meaning they can petition to take the kids from you "in the best interest of the childnre."  Consult an attorney in your area.  Good luck.

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