Of course we are going to make sure the PO approves. We won't see her until March and we don't want to go to her office for a question like this. Rather just wait until she does another home check

I don't know the answer to this question but I want to watch this post because I am in NJ as well but we still have 5 years to go

There is no law in any state that I am aware which prevents a sex offender registrant form living with his biological child once he is off paper time---probation or parole. A few states have enacted laws which prevent a registrant from living under the same roof as minor children, but they make an exception for biological children.

I am not sure of the law in every state if the child was the victim of the crime, but of course, that would not pertain to your situation.

They certainly cannot prevent a sex offender from having a child once he is off paper time and is thus no longer under the jurisdiction of the courts.

As long as a registrant is on probation or parole, all bets are off. Much of it would be up to the PO and the courts. The courts, of course, will make the final decision.

Once off paper, the real problem will come from Child Protection Services. They could open up an investigation and cause you a lot of headaches.

The laws in each state vary, so it would be wise to contact an attorney.

rewdiazepam

BTW, why not just call the PO and ask??

@ Rew ---- Actually, in Missouri there is such a law.

RSMo Section 452.375.5 prohibits a parent from having custody of a child if the parent or any person who resides with the parent is a sex offender. It does not matter if they are on or off paper.

Legal,

Really?? That surprises me and here is why. When Oklahoma passed their law limiting sex offenders from living under the same roof with minor children, they made sure to add the exclusion of biological children and grandchildren.

When it was in committe, they were warned by the Attorney General that any law that excluded the biological child would be found unConstitutional by a court, so they amended the law.

Thank you for pointing this out. I learn something every day.

rewdiazepam

I am not surprised that Missouri would have such a law.

I wonder if anyone is under THIS type of restriction:

http://www.inquisitr.com/2729377/u-k-man-must-give-24-hours-notice-before-having-sex-under-sexual-risk-order/

I would like to clarify that Missouri statute legalguardian mentioned. That only applies when parents are separated/divorced and custody is being considered. A separated or divorced SO who is also one of the parents may not be granted custody or unsupervised visitation as part of the custody arrangement. I find it hard to believe that a married couple with children and an SO parent fall under this. I live in Missouri and would like to start a family when my husband comes home. If they don't want him having children why don't we go back to the days of castration as a part of his "treatment?"

scaredmomandwife we also have 5-6 years to go. rewdiazepam so add long as he is on paper we will be told no? As I said we are going to ask her doesn't like to contact her. He likes to wait until she (his PO) comes over. Doesn't like talking to her more than he has to.

In Fl there are only restrictions on biological children if the child was the victim. My son lived next door to a RSO that was still on probation and he and his wife had a child with no problems so I actually think each state might have different rules?

I am sure each state handles these situations differently. Most states do not allow a registrant to live with his biological child IF and only if the child was the victim of his crime.

rewdiazepam

The statute in Missouri has never been challenged in court so whether it is constitutional or not remains to be seen. However, I venture to say the statute would be upheld by the courts given some of the many other decisions our courts have made.

Regardless that the statute applies in divorce cases, the statute prohibits custody going to a parent if the parent or anyone residing with the parent is convicted of one or more of the many specified sex offenses listed in the statute. Hence, at any time the child custody can be challenged. For example, if a parent is given custody and then later becomes convicted of a sex offense or marries a sex offender, the non-custodial parent can petition to have the child removed from the custody of the parent having custody.

The statute applies whether or not the child himself or herself is the victim of a sex offense.

The Nebraska Supreme Court will decide who gets custody of two girls. Their mother, who married a sex offender, now has custody, but their father is asking that he be given custody. Two courts have previously sided with the mother.

http://www.omaha.com/news/crime/dad-who-wants-custody-after-mom-marries-convicted-sex-offender/article_e4cae9cc-2a94-5192-a307-1e5d227cefd7.html

Oh okay. The child would certainly not be the victim. This will be a brand new addition to our new family. His PO already knows we are getting married soon. She approved it. So we figured she would equate married with baby because that's normally what happens. However we don't trust state officials (he has had his PO for 5 years) but still doesn't completely trust her, and probably never will. I don't really blame him

As written in the article you cite JoeHillsGost, the psychologist did not interview the stepfather (sex offender) to determine his risk to the two children. Both the therapist for the children and the psychologist focused on interviewing the children. Herein lays the problem for it is not the children who pose the risk, but rather the stepfather, and it is the stepfather who should have been interviewed.

Therefore, the loophole for the state Supreme Court to use, is to send the case back to the trial court to have the stepfather assessed to determine his risk factors -- do what should have been done in the first place.

I know several here in Texas that live with their biological children. Some had them before they were RSO's, other's had them after.

I do know when I got together with my husband his PO asked if I already had children or if I wanted them.