What will happen if my ex was found guilty of sexual abuse 2nd degree and is now trying to get custody of our son?

What rights do I have? Can he get custody with those charges?

Asked on September 11, 2012 under Family Law, Iowa

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You need to oppose custody and can fight for sole custody on the basis that he has been convicted of a felony, and especially a sexually related offense.  The fact that he has been convicted of sexual abuse is not a guarantee that you will get exclusive custody, but it significantly helps the situation.  Most courts discourage the exposure of children to felons convicted of this type of offense.  If the sexual abuse charge was related to the abuse of a child, you may have an additional basis for the termination or strict restrictions of his parental rights.  If you still want him to have access to the child, petition the court for supervised visits only.

You also want to make sure that your end is solid.  Be able to show stability in your home, a good living environment, access to good schools,....anything that shows that you are a more responsible parent.  A two prong approach to your case will increase your chances of gettign custody.


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