Legal Question in Criminal Law in Georgia

My sons father was charged with statutory rape. Is he restricted from seeing his own son or contact with other children?

Asked on 8/28/13, 11:48 am

1 Answer from Attorneys

Robert Gardner Hicks, Massey & Gardner, LLP
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If he has been charged, the conditions of his bond will determine the answer to your question. Often, but not always, bond conditions on a person charged with a sex crime against a minor will require that person to have no contact with a child under a certain age. Look at the bond paperwork and see if this is the case. If so, he will have to file a motion to modify that provision to provide an exception for his children, and it will depend on the circumstances of what he is charged with as to whether or not a Judge will modify the bond. Otherwise, having contact with his minor could land him back in jail for violation of his bond conditions. The same is true if he has already been convicted, with the exception that you would need to look to see if there is a no contact provision in the sentence entered by the Court. Finally, as the mother, you need to exercise discretion as to whether or not you should let him see his children. Depending on the nature of his charges, allowing your children near him could end up with DFCS becoming involved and possibly taking the children away. If this is an ex, and he has visitation rights, you should contact an attorney, take the bond or sentencing paperwork to them, and get some advice on how to handle this from a visitation/custody standpoint.

The answer to this questions is informational only, and it is not intended to be legal advise. Only an attorney who has met with you and gone over all of the specific facts of your case can give you legal advice upon which you should rely. Follow up questions are welcome via the email below, and our firm offers free consultations via phone or in person. We have convenient offices in Winder, Jefferson, and Gainesville Georgia, and you should feel free to contact our office at (770) 307-4899, via email at hmgrmg@yahoo.com, or through our website: hicksmasseyandgardner.com.

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8/28/13, 12:00 pm

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