We’ve all heard the phrase “every parent’s worst nightmare” in the context of a person with a sex offense conviction. It usually conjures the image of an abduction and sexual assault and murder. But for every parent who happens to be required to register due to a past sex offense, our “parent’s worst nightmare” is that one day, some law will come out that will take our own children away from us.
We are facing our worst nightmare. Monday, Governor Ron DeSantis signed HB 141 into Law. The bill, titled, “Parenting and Time-Sharing of a Minor Child for a Convicted Parent” creates a “rebuttable presumption of dangerousness to a child” and “rebuttable presumption against granting timesharing” if a parent is on the registry. That means if you’re on the registry and you are a parent of a minor child, the presumption is that you will not get custody/timesharing with your own child if you become divorced. That presumption is rebuttable, but only upon “a specific finding, in writing by the court”.
Anyone who has gone through the family court system as a person required to register knows that no judge will make that “specific finding, in writing”. At least it’s a huge long-shot. But even to get to that point is going to require a lawyer (which costs money) and a risk-assessment (which costs money) just to make the longshot argument. It’s a mountain most people on the registry won’t be able to scale.
This new law does not only apply in cases where there are allegations of sexual abuse against the child by the parent. The law applies even if two people divorce simply because they don’t get along anymore. The law applies even if the underlying conviction that put the parent on the registry happened years before the child was born. Even if your offense was decades ago, you have done nothing wrong since, you marry, have a child, are a wonderful parent for years, the presumption is that in the event you divorce you will not get any timesharing with your kids!
This new law is one of my worst nightmares coming true. Had I foreseen that something as inhumane as having your own children taken away from you could ever become a component of registration, I’d certainly have had second thoughts about getting married or having a child in this State. The reality is that the divorce rate in this country is approximately 50 percent. Nobody enters a marriage expecting to divorce, but unfortunately often things don’t work out. If they don’t work out, even if it’s your spouse’s choice or the cause for divorce is their fault, you lose your children!
We are looking into available legal recourses immediately and will not sit back and take this.
Sincerely,
The Florida Action Committee
Monday, November 25, 2024
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Ah, it’s a bit ironic that after all the fear-mongering done by the mainstream media, government, law enforcement, and politicians, that the government itself could end up being a bigger threat to children and families than people listed on the registry
With time, the government could very well prove itself to be a criminal wrongdoer, an entity responsible for the emotional and physical damage caused to families and children. However, unlike most criminals, the government will not be held accountable for its actions.
After all, nowadays, a child is more likely to be listed on the registry than to be molested by a person on that list.
https://twitter.com/reason/status/983316094088691713
And with over 105,000 people on the registry in California, and almost one million people on the registry in the United States, it’s just a matter of time before the label becomes evidence of an either incompetent “government” — or a completely malicious government.
I never had kids and the past year made me thankful for it. Between the chaos the pandemic caused with schooling and child care, and all the bullshit of registry laws, I couldn’t imagine trying to raise a child. I’m still dreading the day my nephew will ask me to attend a school function and having to find some excuse as to why I can’t go. I want to support him anyway I can, but not at the risk of having everything taken away because I dared to go see him play soccer on campus. And I very highly doubt any school would sign off on a non-guardian asking for permission.
All this bullshit about saving children has resulted in nothing but actual harm to them.
While Utah did not have a law like this at the time, and I stopped an attempt to do so in 2019, I was required to follow a similar process to gain rights to my son I had with my victim.
Mostly because the State DCFS was opposing my parental rights because the child was at that time under the supervision of the juvenile court system and they were a party to the case. I beat DCFS and gained my parental rights, joint legal custody, and parent-time. After a evaluation which found I was not a pedophile nor a violent offender, the judge ordered me to completed sex offense treatment. This all started and was resolved within 3 years of my release, 4-years post conviction. It took about 2.5 years to resolve. My son is now just a couple years away from being an adult and I wouldn’t trade the experience for anything, the legal fight was well worth it.
If the other parent is not opposing, then I fail to see the governmental interest in this law.
If it is dangerousness, a divorce does not make someone more dangerous. The person is no more dangerous to the children, then they were while married to the children’s other parent. If the State did not get involved because of dangerousness during the marriage, they have no interest in getting involved for dangerousness when the marriage dissolves.
Talk about overreach where a child is taken away because of a parent’s past should be a family issue not a government one. This sure isn’t going to improve the child’s life; however it will create instability.
Florida needs a Janice, Chance and Professor Carpenter clones ASAP to organize to defeat bad bills in Tallahassee. FAC should reach out to Janice for guidance to grow, organize, and be successful in attacking bills/laws.
Exactly how does “divorce” make someone “more” of a threat than “before” the divorce?
Craziest thing I’ve ever heard. And they got this law passed? How?
Another internet sting operation by the FBI in which “No actual minors were harmed in the two-day operation.”:
https://fox2now.com/news/illinois/6-missouri-and-illinois-men-face-federal-solicitation-of-a-minor-charges/