TL;DR:
No, not without strict limits. In Utah, no parent may not allow a registered sex offender to be around your children—even in that parent’s own home—without the other parent’s written permission, unless very narrow exceptions apply. Doing so may be a crime and can also be grounds for modifying custody or parent-time. Utah law backs this up with clear statutes, and courts are authorized to take corrective action, even if there’s no criminal prosecution. If one’s ex is exposing your child to contact with a sex offender without the other parent’s consent, one may be able to seek a change of the child custody award or supervised parent-time for the offending parent. In such a situation on should act quickly.
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Utah Law on Sex Offenders Around Children: What Parents Need to Know
Under Utah Code § 53-29-307, any registered sex offender whose crime involved a child under 14 years of age must get written authorization from a parent or legal guardian before accompanying a child, even briefly. Failure to do so is a Class A misdemeanor.
This includes situations where a custodial parent (often the mother) introduces a new romantic partner or roommate who is a registered sex offender. If that person is spending time with the child, whether at home, in the car, on an outing, or even just at a family gathering, that exposure is illegal unless the other parent gives written permission in advance.
What If the Custodial Parent Doesn’t Tell Me About the Sex Offender?
This happens, and more often than you’d expect. Some custodial parents try to downplay the issue, claiming the offender has “changed,” or that the child is never left alone with the offender. But the law makes no exception for personal judgments. It requires full disclosure and written consent. Period.
Under Utah Code § 81-9-202(18), any parent who knows that someone he or she either lives with or to whom he or she allows access to the child is a registered sex offender or has been convicted of serious crimes against children, must notify the other parent immediately. That’s not a suggestion. It’s a statutory duty.
Can I Get Custody Changed If My Ex Permits a Sex Offender Contact with My Children?
Yes. Utah Code § 81-9-208(2) defines this kind of exposure as a “substantial and material change in circumstances,” which is the legal threshold for modifying custody or parent-time.
If your ex is allowing a registered sex offender to live in the home, babysit, or even be regularly present around your child, you can petition the court to change custody or restrict parent-time. You do not need a criminal conviction to support your petition. The fact that your ex knew but failed to notify you is legally significant on its own.
Your Legal Remedies in Utah
If you suspect or confirm that your ex is allowing a sex offender to be around your children, you don’t have to wait for something worse to happen. If this situation applies to you or your client, there are three actions you should consider:
1. File a Police Report
Even if criminal charges aren’t ultimately filed, this creates a clear record that your ex violated § 53-29-307. Prosecutors don’t always pursue these cases, but the divorce or child custody court can still act based on the facts.
2. File a Motion or Petition to Modify Custody or Parent-Time
Use the facts supporting your report as the basis for a motion or petition under § 81-9-208. The exposure to a sex offender and the failure to notify you is a change in circumstances the court must consider if brought to the court’s attention.
3. Seek Immediate Protective Orders or Temporary Relief
If the risk is ongoing or urgent, you can request temporary orders limiting contact or requiring supervised parent-time until the matter can be permanently adjudicated.
What If the Sex Offender Is the Parent’s Roommate, Spouse, Boyfriend, or Girlfriend?
It doesn’t matter. The law applies regardless of how the sex offender is related to the parent. Whether it’s a boyfriend, girlfriend, roommate, or spouse, the legal duty to inform and get permission remains the same.
Your Child’s Safety Isn’t Optional, and the Law Agrees
Introducing a child to a convicted sex offender—without the other parent’s knowledge or consent—is not just irresponsible. It’s illegal, and it can have serious legal consequences in both family and criminal court. If your ex has crossed this line, don’t wait. You may be able to protect your child and restore the balance of custody and parent-time through legal action.
Utah Family Law, LC | divorceutah.com | 801-466-9277
