CHILD CUSTODY/ VISITATION LAWS APPLICABLE TO REGISTERED PERSONS

Created 1 December 2019

In my 2016 Jobs and Welfare Survey of 307 registered persons, I found that registrants in this survey were less likely to be married than the general population (34.43% of Regs vs 49% of gen) and less likely to have kids (54.93 Regs. vs 74% Gen. pop.). However, this still means many people forced to register on America’s sex offense registries have families. This makes parental rights an important topic for, registered citizens many of whom are afraid that registry status can be used against them.

PURPOSE OF REPORT: This list covers state statutes pertaining to parental rights or the right to reside with minors for registered persons. Parental rights generally mean custody and/or visitation rights. This report also covers state statutes covering the right of registered persons to live in households with minors or have unsupervised visits with children.

LIMITATIONS: This report does not fully discuss the laws pertaining to custody rights involving a child where that child was abused by the registrant, nor does this report take into account the prohibition on living with children rules of probation/ parole/ supervised release, noting also not all rules for supervision are written in state statutes.

ABBREVIATIONS: For the sake of simplicity, the abbreviation “SOR” (Sex Offense Registry) is used when referring to any state registry, whether private or public. Also, RP (“Registered Person”) is used as an abbreviation for any person forced to register on the SOR.

According to a 2019 report by the National Conference of State Legislatures:

  • Termination of Parental Rights: 30 states allow for the termination of parental rights of perpetrators of sexual assault who conceive a child as a result.
  • Restriction of Parental Rights: 20 states allow for some form of restriction on the parental rights of perpetrators of sexual assault. (Source: Meghan McCann. “Parental Rights and Sexual Assault.” National Conference of State Legislatures. 21 June 2019. Accessed 24 November 2019 at http://www.ncsl.org/research/human-services/parental-rights-and-sexual-assault.aspx)

The intent of this report is to provide a basic overview of the current state statutes covering registered persons who are either dating someone with children or are fighting for parental custody of their children.

COMMON THEMES IN CHILD CUSTODY LAWS

Virtually all states prevent the registered person parental rights if the child was conceived through an act of rape while still being obligated to pay child support or offer inheritance; this includes consensual sex if the person is at or below a certain age. While few states explicitly ban even some subgroups of Registered Persons (RPs) from having parental rights or living in any household with minors, some states can use the registrant’s status as evidence against the parent in a custody dispute. Some states consider the status of being listed on the SOR to be an automatic danger to children, making dating a registrant risky in those states even if you don’t allow the registrant to spend time with your children unsupervised. In states where the assumption of risk is automatically made, there is usually an opportunity to prove the registrant is not dangerous, though the burden of proof typically falls on the registrant to disprove the notion of dangerousness. However, virtually all states have a general provision that allows the courts discretion in accepting any argument that assumes risk, meaning that just because there is no explicit statement that registered persons are assumed to be a risk in the states does not mean that registry status will not be used in child custody cases.

STATE LAWS SUMMARY

ALABAMA (Ala. Code, Secs. 12-15-312, 12-16-319, 15-20A-11): AL’s laws are complex and rather confusing, with diminished rights for people convicted of specific charges. AL passed HB 48 (2019), known as “Jessi’s Law,” (Amended by Act 2019-512,§ 2, eff. 9/1/2019) which amended Ala. Code § 12-15-312, 12-15-319 to bar anyone convicted of 1st Degree rape, 1st Degree Sodomy, or Incest from obtaining parental custody of their children, regardless of whether the crime involved their children. In addition, any felony can be considered as grounds for termination of parental rights. AL also prohibits RPs who are adults from living with anyone under age 18 or allowing minors to have overnight visits unless that registrant is the parent, grandparent, stepparent, sibling, or stepsibling of the minor. However, this exception does not apply if the case involved anyone under age 12, if it involved anyone under age 18 if the minor victim lived in the residence with the offender, if the minor was a relative, if there was force involved, or if there is an attempted or completed termination of parental rights in the courts.

ALASKA (A.S., Secs. 25.23.180; 47.10.086): AK only terminates parental rights of an RP when the child is conceived through rape. However, the state is not required to make reasonable efforts to reunite the child with a family member who abused the child or is listed on the SOR.

ARIZONA (Ariz. Rev. Stat. 25-403.5; 25-416): RPs must prove they are not a danger to the child before they can be awarded parental rights; if you are a parent dating a registrant or allowing an RP to live with you or visit, you must let the other parent know about the RP’s status; a registrant has no parental rights if the child is conceived through rape.

ARKANSAS (AR Code, Secs. 9-13-101; 9-10-121; 9-13-105): RPs are resumed dangerous to children; the burden of proof falls on the RP to prove he is not a danger to children before custody can be granted or be allowed to live in a household with children present. Children born through rape are entitled to inheritance money and child support while the RP has no legal visitation/ custodial rights.

CALIFORNIA (Cal. Fam. Code, Secs. 3030; 3030.5; Cal. Welf. and Inst. Code, Section 355.1): RPs with offenses involving minors cannot be awarded parental rights; court can override this rule but must prove a written statement listing the reasons for the exception. It is assumed allowing an RP with a minor victim around your children is “prima facie evidence” the child is at risk of abuse or neglect. Parents of children conceived by rape have no parental rights but can be compelled to pay child support.

COLORADO (See Colo. Rev. Stat. 14-10-129; 19-5-105.5; 19-5-105.7) : A sex offense conviction can be used as the basis for terminating parental rights, and the RP has the burden of proof for showing the RP is not a danger to the child. The court can order an RP to take a psychological evaluation at the RP’s expense. The parent of a child conceived through rape can petition the court to terminate the rights of the offender, but termination of rights does not terminate child support obligations.

CONNECTICUT (Conn. Gen. Stat. 17a-111b): The court can move to terminate the rights of a RP if the child was conceived by rape.

DELAWARE (Del. Code Tit. 13, Secs. 722A, 724A, 725A, 726A, 728, 728A): All RPs are assumed dangerous and cannot have custody, unsupervised visits, or reside with a child. This restriction can be waived by the court if there are no subsequent convictions for sex/ violent crimes, completed a treatment program, and determined to be in the child’s best interests. This exception does not apply if there is a court order prohibiting these exemptions, the minor is the victim, or was a child conceived by rape.

DISTRICT OF COLUMBIA (DC Code Sec. 16-914): RPs whose children were conceived by rape have no parental rights but can be compelled to pay child support.

FLORIDA (Fla. Stat. Secs. 39.806): Parental rights can be terminated under the following conditions: children conceived through rape, incarceration of certain sex crimes, sexual abuse of a child, or classification as a “sexual predator,” and there is no obligation of child welfare services to engage in any activity related to family reunification.

GEORGIA (Ga. Code, Secs. 15-11-2, 19-7-2, 19-8-10): Considers child conceived by rape or when the mother is below age 10 as “aggravated circumstances” in determining termination of parental rights; children born of rape are entitled to inheritance.

HAWAII (Haw. Rev. Stat, Sec. 571-46; 571-61; 587A-4): RP has no parental right to child conceived by rape but can be ordered to pay child support; Registry status is considered an “aggravated circumstance” when deciding parental rights in court.

IDAHO (Idaho Code, Sec. 16-2005): It is assumed that terminating the parental rights of an RP when the child was conceived by rape or the RP committed an offense against the child is in the child’s best interests but can be challenged.

INDIANA (Ind. Code Sec. 31-35-3-4, 31-35-3.5-1 to 31-35-3.5-12): Parental rights can be terminated if the victim is a child of the RP or was conceived by rape.

ILLINOIS (720 ILCS 5/12-21.6-5; 750 ILCS 46/622): RPs classified as a “Child SO” (i.e., an offense against anyone under age 18) cannot live in a household with minors unless the minor is a child or stepchild; parental rights are terminated if the child was conceived by rape but can be compelled to pay child support.

IOWA (Iowa Code, Secs. 232.68; 232.116; 598.41; 600A.8; 726.6): Parental rights can be terminated if that parent is a RP with a minor victim, the parent was convicted of a sex crime requiring 5+ years in prison, if the RP is divorced from or never married to the other parent of the child, or if the child was conceived by rape. A parent’s registry status can be considered during child custody inquiries. Furthermore, it is considered child abuse and a parent can be arrested for child endangerment for allowing a RP unsupervised time with the child unless the parent is a RP or married to the RP. Exposing the child to obscene material is also considered child abuse.

KANSAS (KS Stat. Secs. 23-3203; 38-2269): A RP’s status can be considered in custody rights hearings, regardless of whether or not the offense involved the child in question, or any child. It is also assumed that an RC is unfit to care for a child if the child is a victim or conceived by rape by the RC, or the RC has been convicted of trafficking offenses.

KENTUCKY (Ky. Stat., Sec. 403.322; 405.028): RPs are denied parental rights for children conceived through rape but may be compelled to pay child support. The mother has the right to waive denial of visitation and collection of child support.

LOUISIANA (La. Civ. Code 137; La,. Child Code Secs. 1004; 1015; 1015.1): RPs have no custody rights when a child is conceived by rape or if the RP abused the child, but the child maintains inheritance rights; the RP may be compelled to pay court costs and child/ victim support for these cases.

MAINE (Me. Stat. 19-A-1653; 19-A-1658; 22-4055): Courts can consider the registry status of the parent or anyone living in the household of the parent in parental rights cases; rights of RPs are denied when a child was conceived by rape unless the victim objects and can show the activity was consensual. It is presumed an RP is a danger to a child if that child is a prior victim of the RP.

MARYLAND (Md. Fam. Law Code 5-1402): No parental rights for RP if child was conceived by rape but may be compelled to pay child support.

MASSACHUSETTS (Mass. Gen. Laws Ann. ch. 209C, Sec. 3): RPs have no parental rights for a child conceived by rape, but visitation rights may be granted if the child is old enough and agrees to visitation.

MICHIGAN (Mich. Comp. Laws, Secs. 712A.13a’ 712A.18f; 712A.19a; 722.25; 722.1445): Courts are not required (but may) make reasonable efforts to reunite a child with a parent who is an RP, and can impose visitation restrictions. RPs have no parental rights if the child was conceived by rape.

MISSISSIPPI (Miss. Code, Secs. 93-15-119; 97-5-42): RPs have no parental rights if the child was conceived by rape. If the child is a victim of the RP, the RP may win some parental rights back only after treatment for both RP and victim is completed, and the courts determine the RP poses no danger to the child.

MISSOURI (Mo. Rev. Stat, Sec. 211.038; 211.447): RPs have no parental rights if the child was conceived by rape or if the RP abused a child under the RP’s care. If the RP is a child and a sibling of the victim or a child living in the same household at the time of the offense, the prohibition on living in close proximity of the victim does not apply.

MONTANA (Mont. Code Ann. 2019, Secs. 40-6-1001; 41-3-609; 45-5-503): RPs have no parental rights if child was conceived by rape, but may be compelled to pay child support and offer inheritance.

NEBRASKA (Neb. Rev. Stat., Secs. 43-292; 43-292.02; 43-2933): RPs are assumed threats and custody can only be won if there is a determination that the registrant is not a danger to the child. In custody matters, allowing a RP unsupervised time with your children is considered “prima facie evidence” for determining risk. No parental rights are granted if the child was conceived by rape.

NEVADA (NRS 125C.210; 128.105; 432B.393): No parental rights if the child is conceived by rape. No reasonable reunification efforts by child services will be made to a RP.

NEW HAMPSHIRE (NH Rev. Stat. Ann., Sec. 170-C:5-a) No parental rights if the child was conceived by rape.

NEW JERSEY (NJS 9:2-4.1) RPs convicted of NJS 2C:14-2 (Sexual Assault), NJS 2C:14-3 (Criminal Sexual Contact) or 2C:14-4 (Lewdness) can only be awarded custody or visitation if proven by clear and convincing evidence it is in the child’s best interest to stay with the RP. (This also covers child conceived by rape). The courts can keep child’s location confidential and victim is not required to go to court in person.

NEW MEXICO (NM Stat., Sec. 32A-5-19) Consent for relinquishing parental rights is not required if the child was conceived by rape.

NEW YORK (N.Y. Dom. Rel. 240; NY Fam. Ct. Act 651): Registry records are used in family court to determine if it is appropriate to place a child in the home. It is assumed it is not in the best interests of the child to be placed in the home of an RP if the child was conceived by rape but can be challenged.

NORTH CAROLINA (NC Gen Stat., Secs. 7B-1111; 14-27.21; 14-27.22; 14-27.23; 50-13.1): The court may terminate parental rights if the child is conceived by rape.

NORTH DAKOTA (N.D. Cent. Code, Secs. 27-20-17; 27-20-44) Parental rights can be terminated if the child was conceived by rape or if probable cause exists that the RP committed an offense against the child and presents a danger to the child.

OHIO (ORC 3109.04; 3109.042; 3109.501 to 3109.507): No parental rights if the child was conceived by rape; Ohio notes that mothers can also be convicted of rape and extends this prohibition to females convicted of rape. Sex offense convictions are considered in child custody hearings if the child was the victim.

OKLAHOMA (Okla. Stat., Secs. 10A-1-4-705; 10A-1-4-904; 30-2-117; 43-112.2; 43-112.5; 43-150.8; 10-7505-6.3): PRs have no parental rights if the child was conceived by rape or if the child is the victim; Households with an RP residing cannot foster or adopt; parental guardianship affidavits contain provisions barring leaving children alone with RPs; It is assumed allowing child to live in the household of an RP or convicted of failing to report abuse is not in the best interests of the child; children cannot be placed in households where RPs reside without a court order.

OREGON (2017 ORS Secs. 107.137; 419B.510): No parental rights if child was conceived by rape but may be compelled to pay child support; past pattern of sexual abuse is considered during custody hearings.

PENNSYLVANIA (Pa. C.S.A.; 23-2511; 23-4321; 23-5329): Court considers many offenses during custody hearings; No parental rights if child was conceived by rape but may be compelled to pay child support; parental rights of RPs could be terminated based on inclusion on registry, including for out-of-state offenses.

RHODE ISLAND (RI Gen. Laws 15-5-16): No parental rights if child was conceived by rape; if the child is the victim, visitation rights can be regained only if RP engages in counseling and the court determines visitation is in the best interest of the child.

SOUTH CAROLINA (SC Code, Secs. 63-7-1640; 63-7-2350; 63-7-2570): Parental rights can be terminated if the child was conceived by rape or any child in the household was abused by the RP; no adoption or foster considerations for households with RPs over age 18, except if the offense is pardoned and the court decides there is no danger to the child.

SOUTH DAKOTA (SDLRC Secs. 25-4A-20; 25-4A-24; 26-8A-21): Assumed parental rights for child conceived by rape is not in best interest of the child but allows for challenge; allowing a RP to spend unsupervised time with a child can affect custody rights; Courts are not compelled to reunify child with parent on the registry.

TENNESSEE (Tenn. Code Ann., 36-1-113; 36-6-102; 36-6-406; 40-39-211): No parental rights if child conceived by rape; RPs with minor victims cannot live with any child that is not their biological child, or any child if the victim was their own child, under age 12, or considered a violent offense; if a parent is trying to receive temporary or permanent custody of a child, an RP cannot be around the child or be in the household; any criminal conviction can be used to determine whether there is a risk to the child.

TEXAS (Tex. Fam. Code 161.001; 161.007): Parental rights may be terminated if the offense was an offense where injury was caused to the child, or if the child was conceived by rape. If the other parent marries or cohabits the RP whose child together was conceived by rape within 2 years after the birth of the child, the parental rights can be terminated.

UTAH (Utah Code, Secs.76-5-414; 78A-6-312): No parental rights if the child was conceived by rape without agreement by both the victim and court agree or both parents cohabitate and create a home together with the child; Child support can still be required; Reunification services are denied to RPs.

VERMONT (15 VSA 665): Courts can terminate parental rights if the child was conceived by rape or if the RP was convicted for sex trafficking with the non-RP parent as the victim, but child support can be compelled.

VIRGINIA (Va. Code 16.1-228; 20-124.1; 63.2-100): Leaving the child in the presence of a RP who is not the parent of the child is considered an act of child abuse/ neglect; it is not considered to be in the best interest of the child to give parental rights to RP if the child was conceived by rape.

WASHINGTON STATE (RCW, Secs. 9A.42.110; 9.94A.6551; 13.34.132; 26.10.160, set for repeal on 1/1/2021; 26.26.760): Washington’s laws are long, repetitive, and confusing. It is a misdemeanor to leave a child in the care of an RP convicted for an offense involving a child unless it is part of a court reunification plan; RPs are ineligible for house arrest under parenting programs; courts may terminate parental rights if the child was conceived by rape, the RP was convicted for sex trafficking, or was classified as a sexual predator; while all RPs are considered a danger to children, this assumption can be challenged, and parental rights may be awarded to an RP under limited circumstances if offense did not involve the child, treatment has been completed, a psychosexual evaluation has been completed, and courts rule the RP is not a danger to the child, but the implication is these rulings are difficult to obtain.

WEST VIRGINIA (W. Va Code, Secs. 48-9-209; 48-9-209a; 49-4-602): Parental rights can be terminated if a child was conceived by rape, but may be compelled to pay child support; court is not obligated to preserve the family if one parent is a RP.

WISCONSIN (Wis. Stat. 48-415): Parental rights can be terminated if child was received by rape.

WYOMING (Wyo. Stat. 14-2-309): Parental rights of RP can be terminated if child was conceived by rape unless the parent seeking termination was married to or cohabiting with the offender resulting in the birth of the child for 2+ years immediately after the birth of the child; courts are not required to make reasonable efforts to reunify child to a parent who is an RP.

A complete copy of the statutes summarized here can be seen at — http://www.oncefallen.com/parental_rights.html

4 comments for “CHILD CUSTODY/ VISITATION LAWS APPLICABLE TO REGISTERED PERSONS

  1. December 2, 2019 at 8:14 am

    I should add that Oklahoma just passed a law that requires registrants in the state, who live with a minor child, to report to the Oklahoma Department of Human Services hotline.

    Both 57 O.S. 2011, Section 584, and 57 O.S. 2011, Section 590 contain the following statement:

    B. It shall be unlawful for any person who is required to
    register pursuant to the Sex Offenders Registration Act for any
    offense in which a minor child was the victim to reside with a minor
    child or establish any other living accommodation where a minor
    child resides. Provided, however, the person may reside with a
    minor child if the person is the parent, stepparent or grandparent
    of the minor child and the minor child was not the victim of the
    offense for which the person is required to register. Any person
    subject to the provisions of the Sex Offenders Registration Act who
    resides with a minor child as the parent, stepparent or grandparent
    of the minor child, provided the minor child was not the victim of
    the offense for which the person is required to register, must
    report to the statewide centralized hotline of the Department of
    Human Services the name and date of birth of any and all minor
    children residing in the same household and the offenses for which
    the person is required to register pursuant to the Sex Offenders
    Registration Act within three (3) days of intent to reside with a
    minor child.

  2. Tim in WI
    December 3, 2019 at 7:49 am

    Derek,
    I participated in your study. State’s are necessarily involved in the day to day lives of the citizens. I’m am wondering about any role play by the federal on this issue. Are there US CODES established the make a standard for states to follow.?
    It seems to me advocacy here is likely very much needed. I know several men who’ve done time for child support neglect. Hey it can be hard to earn as a registered guy, but it’s impossible while in jail. S!owly but surely these benevolent CPS folks are dismantling families. There can be little doubt the disparate balance falls to the advantage of the females in the equation.

  3. December 4, 2019 at 10:19 am

    My finance and I have reached out to you and NARSOL for help! My fiancé is a RP ( crime was not against a child he was a child when he offended) . The father of my daughter will not give her back to me(I have sole physical custody) until he is out of the house . He has filed for modification and a restraining order against my finance we go to court tomorrow . At this point we are being harrassed because the story goes on and on with blackmail! We need help and support on what rights we have . We are not breaking any laws in Missouri .

    • Kayt
      December 4, 2019 at 11:30 pm

      Amanda, just be careful. My son’s father is a Registered citizen. (RSO), and I tried and tried to get his dad home with us because our son wanted his daddy. Now – this was my husband, not fiancé, not boyfriend, he was my husband and my son’s biological father. His was a sting crime, there was no victim but that didn’t matter (long story), point is the court threatened me with loss of custody if Sam was ever found alone with my son. It all changed when our son turned age 18 and there was no more custody and our son made his own decisions.

      I hope you read this before court tomorrow. Be very, very careful what you say in court. The court will likely not side with you on this, but things could get worse and they could award your husband custody if you continue to push back, especially in harsh ways.

      in Court, be very careful, soft spoken, and try your best to come across as concerned and sensible.

      I know you won’t want to hear this, but I think you need to ride this one out until your son turns age 18. Just keep the best relationship with your son, he is your most important person in life. You and your fiancé can make it, ride it out until your son is age 18. The years go by fast!

      Also, keep up on every law that regulates your fiancé’s life and keep on keeping up with them because they change all the time.

Leave a Reply

Your email address will not be published. Required fields are marked *

This site uses Akismet to reduce spam. Learn how your comment data is processed.