Division of Family Services v. O'Bryan

SEITZ, Justice:

The Child Protection From Sex Offenders Act (the “Sex Offenders Act” or “Act”) establishes “a rebuttable presumption that no sex offender shall be awarded sole or joint custody of any child, that no child shall primarily reside with a sex offender, and that no sex offender shall have unsupervised visitation with a child.” 2 With certain exceptions, the sex offender can rebut the presumption by demonstrating his compliance with the conditions in the statute.

This appeal raises one issue—whether the Sex Offenders Act and its rebuttable presumption operate outside of Family Court…