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Sex Offender associating with Child

Is it legal for a Level 3 sex offender to be associating himself with my 18 month old daughter? Her mother allows him to be around her to my knowledge she is not left alone with him. Her mother does intend on moving in with him. Is it legal for a level 3 sex offender to live with in the same household as a child? What legal action can I take if any to prevent him being around my child?

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I am not aware of what, if any, restrictions are placed on sex offenders by MA law (regarding living with children).  I can tell you this:  If it were my daughter, I would talk to a MA family law attorney (today) to set up an appointment to discuss what options are available to alter the current custody arrangements.  I am not aware of all the facts, but I have a hard time imagining a situation where a court would find that living with a level three sex offender is in the best interest of the child.  Follow this link to post regarding the factors Massachusetts courts consider when making child custody decisions.  Good luck.

Submitted Fri, 01/15/2010 - 08:57

I agree with the editor, speak with a family law attorney to explore your options. If he is currently on probation he may be prohibited from having any contact with children under 18, if he is spending time with your daughter he may be in violation of his probation. For a custody dispute you can go to the court where the person was convicted and probably be able to obtain a copy of the police report. While you are at the court you may be able to find out the name of his probation officer as well.

If he does move in, he is required to register with the local police department. Check to see if he registered, if not, you may report the violation to the police.

Kevin Gaughen Jr. | Gaughen, Gaughen, Lane & Hernando | Criminal Defense

Im looking into a family law lawyer, unfortunatly money is an issue as I have no money whatsoever to afford a lawyer, and I have been trying to find one that would take some kind of payment arrangement and have yet to find one (granted im not good looking at this stuff).

I spoke with a friend of mine that works for the local police department and he said as far as he knows if my daughters mother moves in with the Level 3 offender, that would be considered child endagerment.

I looked him up and he is registerd he was charged with Indecent Assault and Battery of a Child Under 14 and Rape of a Child according the his flyer on the sex offender registry Board page. I don't know if that info will help as far as information.

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