Can Sex Offenders Have Custody of Their Children in Maryland?

 Posted on September 26, 2024 in Sex Crimes

Becoming a sex offender can change your life in a lot of ways. You will no longer be able to work in certain fields that would involve contact with children. You may be subject to the notification requirement, meaning that no matter where you live, your neighbors will be informed of your status immediately. This can make life very difficult. If you are not still living together with your children’s other parent - or if he or she has decided to divorce you in response to your charges - being convicted of a sex crime is very likely to impact your child custody proceedings. If you have been accused of a sex offense, it is important to immediately consult an experienced Towson, MD sex crimes defense attorney. 

Sex Offenders May Have Trouble Getting Custody 

If you and your children’s other parent are still together, there is no law prohibiting you from living with your own children. However, it is extremely common for people whose spouses or significant others have been accused of a sex crime to immediately terminate their relationship and go to court demanding full custody. 

While there is no law that explicitly says a sex offender cannot have custody of his or her children, Maryland family law courts can take a criminal conviction for a sexually oriented offense into consideration. If the crime you are accused of was assaultive in nature (such as rape) or involved minors (such as child pornography or soliciting a minor), you have a lot to be concerned about. The court may still grant you shared custody, most likely in the form of supervised visitation, if it determines that having a relationship with you is still in your child’s best interests. 

However, you can safely assume that your co-parent is likely to get primary custody. Because sex offenders cannot be on the premises of a school or daycare, you would encounter serious practical difficulties in parenting anyway.

What if I am Not Convicted? 

If your charges are dismissed or if you are found not guilty at trial, you may have a much better chance at gaining or keeping custody of your children. Since the accusations against you would be considered unproven or unfounded, and you would not be a registered sex offender, the court is far less likely to consider you a risk to your children. 

Contact a Baltimore County, MD Sex Crimes Lawyer 

Seger Law, LLC is highly experienced in representing people who have been accused of a sex crime. Aggressive Towson, MD sex offenses attorney Chelsea Seger will strive to handle your case in a way that will protect you as a parent. Contact us at 443-208-4692 for a complimentary consultation.