Russell Knight is a family law attorney in Chicago, IL.

When your child’s other parent has a new boyfriend or girlfriend, it is only natural to have some concerns. Your child is now dealing with a third adult who you know nothing about. Your ex will likely vouch for their new partner. However, it’s possible that they have a criminal past. Any criminal past can be a cause for concern and your children could be exposed to a sex offender.

Illinois law on parental duties instructs what to do in this case.

Part of the law is called “Notification of remarriage or residency with a sex offender.”  If a parent wants to start living with (or marry) a sex offender, they need to let the other parent know first.

This allows the other parent to object to the sex offender being near the children. They could ask a judge to limit or end the parenting time of the parent who is living with the sex offender. 

A judge will make a decision about the parenting time based on the best interest of the child. However, the law says that a judge must presume that both parents are fit to have parenting time. To restrict parenting time, you need to show danger to the physical, mental, or moral health of the child.

But the judge is required to consider the fact that your ex wants to live with a sex offender. The judge will also consider the nature of the offense and what treatment the person has gone through.

Criminal sex offenses are a serious matter. Any parent involved with a criminal sex offender should notify the other parent as soon as possible. Failure to address the sex offender's presence could result in the sex offender being permitted to spend time with the children. If you don't want your children being around a sex offender, go to court as soon as possible. 

This information is posted as a public service by Illinois Legal Aid Online and its partners. Its purpose is to inform people of their legal rights and obligations. Talk to a lawyer if you have questions about how this information applies to you.