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Can a registered sex offender be given non-custodial rights?

Austin, TX |

Can a guy who is not married to the mother of a 3 mth old, be given non-custodial rights to take the baby for visitation.

He was convicted under statute 62.102 (b) (2)

Attorney Answers 1


Yes, it is possible for a registered sex offender to retain unsupervised visitation rights to a child. While there are laws that require notification of sex offender status, there is no blanket rule against visitation rights for sex offenders.

A judge will consider the totality of the circumstances, presented through evidence and oral arguments, to make his or her decision on what kind of access the non-custodial parent should receive.

If you wish to limit access to your infant child, you can also ask your attorney to petition the court for a standard visitation schedule for children under three years of age. It is common practice for courts to limit visitation to supervised visits only while the child is an infant/toddler, regardless whether the non-custodial parent is a sex offender. Through this kind of visitation schedule, you can request that the child remain in your home during all visitations.

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