How Does a Sex Offender Conviction Impact My Parental Rights?

 Posted on February 26, 2016 in Family Law

A sexual offense criminal conviction may have significant consequences on a parent’s visitation and custody rights. This is true even if the offense did not involve a child. A court may consider a parent's sex offense conviction during the divorce. If the conviction happens after the divorce, the other parent may request a modification to visitation or custody rights.

A Court May Limit Parental Rights

A court may decide to limit the parental rights of a parent who had been convicted of a sexual offense. This mean the parent may have less decision making ability and limited parenting time, and may face supervised visitation. Circumstances will influence what the court decides; however, the court will make decisions considering the best interests of the child.

• Decision Making: When making determinations about how to allocate decision making, a court will consider whether one parent is a sex offender. If a parent has been convicted of a sex offense, then the court will consider the exact nature of the offense and whether the parent is receiving treatment.
• Parenting Time: Generally, a court will not impose restrictions on parenting time unless the other parent is able to demonstrate by a preponderance of evidence that the parent’s exercise of parenting time may seriously endanger the child’s physical, mental, moral, or emotional health. As the court attempts to determine allocation of parenting time, the court will consider whether a parent has a sex offender conviction or lives with a sex offender. In either case, the court will examine the exact nature of the sex offense and any psychological treatment the offender has gone through. A parent is not entitled to parenting time if he or she was convicted of an offense involving an illegal sex act against a victim younger than 18 years old. A court will not reinstate parenting time until the court believes it is in the best interests of the child to reinstate parenting time.
• Visitation Restrictions: Generally, a court will not restrict visitation. However, a parent is not entitled to visitation while in prison, or on probation, parole, or supervised release. A court will grant visitation once the parent is released and completes a court approved treatment plan.

How Does Marrying a Sex Offender Impact My Parental Rights?

If one parent intends to marry or cohabitate with a sex offender, then the parent must provide the court reasonable notice prior to the marriage or the cohabitation. Whether this decision will impact parental rights depends on how the court believes the decision will impact the child’s interest.

Contact Our Illinois Family Law Attorneys

Sex crimes are serious offenses that would alarm any parent. For this reason, Illinois law empowers courts to place restrictions between sex offenders and their children. If you have questions about child custody and visitation, contact a skilled DuPage county child custody attorney at Davi Law Group, LLC. We understand the importance of child custody and visitation. Please contact us today to discuss your visitation and custody concerns.

Source:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2086&ChapterID=59&SeqStart=8300000&SeqEnd=10000000