A registered Florida sex-offender has obtained custody of a child that he has admitted in Court documents that is not biologically his. The case of Donald Coleman and his presumed daughter Miranda Wilkerson is an interesting one, and presents the harsh reality of certain family law and child custody issues that can arise in a divorce. Coleman, approximately 51 years old, was married to Miranda’s mother Trista Crews, who died in a car accident approximately one month after Miranda was born. Coleman and Crews had two children together aside form Miranda.

Coleman was required to register as a sex offender after he impregnated Trista when she was 14 and he was 38 years old. They married soon thereafter. However, when Miranda was born Coleman and Crews were in the middle of a divorce where Coleman asserted that Miranda was the child of another man. Miranda was raised and lived with her maternal grandmother Rita Manning.

However, since Crews died, Coleman has asserted his right to custody of his “daughter” Miranda. Further, since he was married to her mother at the time, he is presumed to be the father of any child born of that marriage. Moreover, the true father has seemingly failed to assert any paternity rights. In a grand twist of irony, Coleman managed to wrest custody of Miranda by asserting that grandmother Manning was a danger to Miranda because she was charged with child neglect in 1997 – for allowing 14 year old Trista to be impregnated by Coleman.

This scenario could not occur in Illinois. Even though a man is presumed to be the father of a child born during his marriage to the mother (750 ILCS 45/5), a father convicted of a sex offense cannot have custody or visitation rights unless the mother or the child’s guardian consents. (750 ILCS 45/6.5).