There is no law preventing you from marrying him, but the fact that you are asking tells me you already are questioning the wisdom of this move.
You may be putting your children at risk, depending on the circumstances of his offense.
You are bound by law to inform the court and the children's father if you move a sex offender in with your children. Moving a sex offender into your home would be good cause for the other parent to request primary custody of the children and limit your visits to either supervised or excluding the sex offender. A court, or judge, will likely not see moving the sex offender into the home with children as being very protective of the children. This choice could have a very negative impact on your family. You would be wise to consider all the possible consequences carefully. Please consult a Family attorney in your area. Many, like myself, give a free initial consult and can give you clearer guidance based on all the specific facts of your case.
This answer is general information which does not establish any attorney-client relationship between the person asking a question and the person answering, or a duty to respond to ongoing questions; nor is it intended to replace competent legal assistance in the jurisdiction where the matter/issue arises or is before a Court.
You may marry a sex offender in Texas. You do expose yourself to risk. The first is a possible custody fight with the children's father. You must inform him of your plans to marry a sex offender. The court orders generally have the follow language:
IT IS ORDERED that each conservator of a child shall have the duty to inform the other conservator of a child if the conservator resides with for at least 30 days, marries, or intends to marry a person who the parent knows: 1) is registered as a sex offender under Chapter 62, Code of Criminal Procedure; or 2) is currently charged with an offense for which on conviction the person would be required to register under that chapter. This notice shall be made as soon as practicable but not later than the 40th day after the date the conservator of the child begins to reside with the person or the 10th day after the date the marriage occurs, as appropriate. The notice must include a description of the offense with which the person is charged.
A conservator commits a Class C misdemeanor offense if he or she fails to provide notice in the manner ordered.
[Each parent must notify the other parent if he or she is living with, or plans to live with, a person who is a registered sex offender or if the person he or she lives with is charged with a crime which may require him or her to register as a sex offender.]
As you can see the language is quite clear about your responsibility to inform the children's father of your plans. He may file a motion to modify the custody arrangement.
Bobby Barina's answer to a legal question on Avvo does not establish an attorney-client relationship. Mr. Barina offers everyone a free consultation to discuss their case. Feel free to call his office at 254-699-3755 to make an appointment or visit his website at www.bobbybarina.com for more information about his services.