There are two major areas a sex offender registrant must be concerned with regarding children or living with minors.
The first area is a possible criminal charge. There is no statute in any state that I am aware which prevents a RSO from fathering a child or a female RSO from bearing a child. But there may be restrictions if the RSO is on probation/parole.
A RSO on probation or parole will most likely be restricted by the PO regarding being around children. If the child is a biological child, the chances that the PO will allow the RSO around his own child are greater than if the child is a step-child. At any rate, most POs will restrict probationers from living or being around minors in the beginning. After a while, many POs will become more lenient and allow some contact with or without supervision of another adult. This is a gray area and it depends on the PO and how he wants to handle the situation.
A RSO off probation or any type of paper time can almost always be around minors. At that point, the offender has completed his court mandated sentence and is no longer under the custody of the state or the BOP if his conviction was a federal conviction. One or two states do not allow RSOs to live with children unless the offender is the biological parent, step-parent, or grandparent of the child.
The exception to RSOs not on probation being around children is the buffer zones or residency restrictions. A RSO in many states cannot even be on school property or in the area of a daycare center, park, or playground. And many states have residency restrictions so that RSOs cannot live within “X” number of feet from a school, daycare center, park, playground, or any place where children are known to congregate. Check your state as the laws vary from state to state.
BUT no state will allow a RSO to ever live or be around a minor child if the child was the victim of his crime. In that case, the victim can be around the offender only when he or she turns 18 years of age.
The second area of concern is a possible civil action from CPS. At any time, a citizen can file a complaint with CPS against a RSO living with minor children if they feel the child may be in danger. If someone does file a complaint, look for CPS to be on your doorstep asking questions.
Often you see this happen if the RSO is married or living with a woman with a minor child conceived by a prior relationship. The father of the child will raise hell with the CPS that his child is living with a RSO. An investigation will ensue.
But I will tell you this: Before you decide to have a child, consult an attorney in your area who is knowledgeable in this area. I have given you the basics that I have experienced over the years, but a local attorney will be indispensable for someone in your situation.
If you have any questions or if I did not make myself clear, message me. This is a complicated topic and I tried to cover everything, but if not, let me know.
Has anyone kept their marriage to a RSO secret and if so why and how? Although we kick around the idea of marriage and we're in talks with a post conviction lawyer, we are living separately and have stayed in compliance with his probabation but I do not trust his ex wife who was his accuser during a high conflict divorce. No evidence, DNA came back clear, even DA was going to drop the case if...
Once my loved one is off the regsitry in my state, can he travel?Does can he get a passport without any identifiers?Can we go to FLA, without fear of him being forced to register?