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Can a registered sex offender obtain sole legal and physical custody of his child? The other parent is an active meth user.

Mapleton, MN |

An unplanned pregnancy occurred, the people involved conceived during a drug binge and are not married or in a relationship . The mother-to-be is an addict and active meth user. She is 6 weeks pregnant. The father-to-be is a Level II registered sex offender and recovering addict. He committed his crime 15 years ago and spent 10 years in prison. He is required to register as a sex offender.
He would like to petition the courts for sole legal and physical custody of the baby once it is born. I am trying to encourage adoption, but neither of the parents-to-be view that as an option. I don't think either of the people involved would be able to provide the baby with a stable, healthy, or loving environment. Is there a possibility the father-to-be could actually be granted custody

Attorney Answers 3


There is nothing that precludes a registered sex offender from being awarded custody. Much would depend on the nature of the former criminal offense and how that may impact care of the child. How well you can make your arguments in conjunction with the custody statutes is critical to the outcome.

You must retain experienced counsel.

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Hello. As to the mother being pregnant and an active meth user, you need to contact Child Protection immediately and you need to inform the local police immediately as well: The safety of the unborn baby is at stake. You also ought not post details of this matter further on this, a public website. It is critically important that the father-to-be, the dad, receive detailed private attorney counsel at this time, and, then, his case must be well-prepared and persuasively presented to the decider (as appropriate). The dad's attorney will help him and assist him all through.


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I would start by looking to the terms of your probation. There are certainly cases where a registered sex offender may have full custody of their own child, however, it depends heavily on the crimes committed that requires you to register as a sex offender.

I agree with counsel above that you should notify child protective services immediately if your unborn child's mother is using drugs while pregnant. Also, I strongly advise speaking with a lawyer to fully evaluate your situation.

-Drake Metzger
Metzger Law Firm, LLC

Nothing in this response constitutes legal advice. Metzger Law Firm, LLC does not represent you nor has Metzger Law Firm, LLC entered into an attorney-client relationship with you.

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