Legal Question in Family Law in California
Custody
If a man has been convicted of child molest and has to regester as sex offender, can that person and his wife have a child together and be able tokeep it, or does the state have a right or oblagation to take that child from the couple.
2 Answers from Attorneys
Re: Custody
The state has no obligation to remove a natural child from a man convicted of child molestation unless the wife brings charges against him or proves in a civil case that he is unfit to be a father.
Re: Custody
There is no law -- not yet -- that prohibits any couple from having a child. However, both parents in the situation you described should rightly fear a knock on the door from social workers, followed by a forced adoption or foster care placement. Such parents should be prepared in advance with a grandparent or other close relative who is ready to assume custody if need be. Or they should consider moving out of California beforehand.
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