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Limitation on custody, visits after sex offenses

| Mar 28, 2019 | Fathers' Rights |

Like other states, Nebraska takes sex offenses, particularly those involving children, very seriously. Those accused of such crimes often wind up in prison for a long time. Even if they do not, however, their rights, including their rights to custody and parenting, can be significantly affected.

Specifically, Nebraska prohibits a man, or woman, convicted of sex offenses from having custody of or even unsupervised visits with his child. This rule is absolute in the sense that it does not matter how old the conviction is or whether or not the man did his time or even admitted to the offense. It also does not matter whether or not the offense involved the accused’s own children.

However, dads who have made serious mistakes in the past should not give up hope altogether. If they can convince a judge that they are rehabilitated and pose no real risk to their own children, then the judge may make an exception to the rule and, for example, allow unsupervised visits.

Of course, a request for an exception is likely to be met with a great deal of skepticism if not opposition. A man who wishes to have a second chance will have to compile a strong case showing he is entitled to the opportunity.

Another matter that touches on fathers’ rights in Nebraska is that the law also prohibits a parent from having custody or unsupervised parenting time should she choose to live with a person who has been convicted of one of the sex offenses described in the law.

In another words, an Omaha man does not have to tolerate it should his child’s mother choose to live with someone convicted of a sex offender. He can ask for appropriate relief from the court. Again, this is a delicate matter which may require the assistance of an experienced legal professional.

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