I would think that if the mother is just found to knowingly have the children around a previously convicted sex offender it could be used as reason for a change in custody. If a previously convicted sex offender was known to live in the mother's home or ever be alone with the children (even if the mother is upstairs and the convicted was downstairs with the children) I would think it could be viewed as grounds for termination of visitations, supervised visitations, or only visitations in which the convicted will not be around the children.
I would think that a Judge would have to take a change of custody into consideration simply if a convicted sex offender moved in next door to the mother, the father did not live near any known convicted sex offender, there was no reason for the father to be viweed as an unfit parent, and the mother was unwilling to relocate.
I am definately not a legal expert..it's just easy to tell from the media/news that things such as this are taken very serriously. I would think that a judge would be very cautious about giving consent or ordering for children to spend time in the home of a sex offender or time around a convicted sex offender. I would think a judge would also have to think of what would happen to him pubically if he did consent to the children being around a conviced sex offender and something ever did happen to the children.
I would be very very careful. I would think if a convicted sex offender gave a child a pat on the butt while playing back yard football it could easily be concieved as automatically having a very different meaning than if the person was not a previously convicted sex offender.
I would think his case would be reviewed and a judge could possibly take into consideration the act he was convicted of, and any counseling records. Are there any counselors that are willing to testify that this man does not mentally or emotionally fit any defination of a sex offender? Was he accused of whatever act he was convicted of by another person with a questionable past? Has the person who accused him gone on to accuse several others of similar things? What evidence was there that led to his conviction? Did the father know that this person was a convicted sex offender and did not have any complaints about the children being around this person until he knew you were getting married? Did the father initially think this person was wrongly convicted and had no problem with the children being around this person at that time, but now has a problem with it because 'iffy' things have occured and he no longer believes this person was innoscent?
No need to answer any of the questions for me..they were just things for you to think about. And for all I know I could be very wrong.