Miguel's nightmare started with an internet search. He typed in the new address where his two children would be living with his ex-wife and their new step-dad.
"Here comes his name and picture on the TBI website for a sex offender," said Miguel. "Everyday is a new fear."
The man living with his 7-year-old and 9-year-old was a sex offender, convicted of uploading pornographic pictures of children."Now my kids are there everyday, taking baths and showers, just running around the house in their underwear, whatever they are doing. How is he looking at my children?" said Miguel.
Miguel pushed for an emergency court hearing to get custody of his children because he thought state law was on his side. State lawmakers did pass legislation that if a sex offender commits a crime against a child younger than 13, they would not be allowed to live in a home with a minor.
In Miguel's case because the offender was uploading child pornography, it's hard for investigators to prove the identity of the young victims, and find out exactly how old they are.
"It starts to drive you a little crazy," said Miguel.
Miguel has to make due with waiting until May. That's when once again he'll go before a judge to try and get custody of his two children.
"Everyday I walk by my kids pictures and I look at them, and think I just don't know. You wonder what's going on, what's happening, Is there anything happening, is there not, but you can't do anything about it," said Miguel.
Miguel was pushing to change state law when it comes to the legal loophole. He's been in touch with State Representative Susan Lynn. Lynn's looking into creating a bill that could resolve the issue when they go back into session in January.Rep. Lynn is also looking into another issue impacting juveniles and sex offenders. Minors only have one year to report a sexual assault to investigators. Lynn wanted to extend that period of time.
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