Friday, July 28, 2006

Judge to reconsider granting child custody to registered sex offender

An Oklahoma county judge has been asked to reconsider awarding custody of a woman's two boys to her ex-husband -- a registered sex offender.  Associate District Judge Michael DeBerry ruled last month that frequent moves by the boys' mother, Joni May Nelson, showed instability and that the home of the father, Dustin Mitchell Seymour, 'is the more fit and proper custodial placement for the minor children.' Seymour, 27, was charged in August 2004 with three counts of second-degree rape and one count of interfering with an officer. The charges came after Nelson said she found a videotape in his pickup that showed him having sexual intercourse with a 14-year-old girl. Nelson called police and Seymour was arrested. Nelson's motion to reconsider will be heard by DeBerry on Monday. Nelson, 27, also was ordered to pay $237.50 per month in child support. Her attorney, Phillip M. Andre, says DeBerry's ruling apparently went against a state statute that says it should be presumed to not be in the best interest of a child for a sex offender to have guardianship or custody. Seymour and Nelson divorced Oct. 6, 2004. The next month, Seymour married the alleged rape victim in  Colorado, according to the marriage license. They now have a child and are living in a camper-trailer until they buy a home, his attorney, Kenneth Farley said.

Read the story from the AP Wire Service at TulsaWorld.com (last visited July 27, 2006 bgf)

http://lawprofessors.typepad.com/family_law/2006/07/judge_to_recons.html

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