Unfortunately this has happened elsewhere:

    Cayuga County judge Peter Corning stunned a crowded courtroom when he said he was convinced Roger Kulakowski, 49, was not a sexual predator and may have been wrongly convicted in 1985. Therefore, he ruled the convicted child molester will be allowed to keep custody of two young girls, ages 4 and 6.
    Kulakowski and his sister have had custody of the girls since 1999 even though he's a registered sex offender. He had no comment following the judge's decision allowing him to maintain custody.
    The biological grandparents who wanted to adopt the girls are disappointed but will get visitation rights.
    Kulakowski's ex-wife, who asked not to be identified,was angry with Judge Corning's decision.
    "Shame on them...shame on all of them for placing two children with a known sex offender. Shame on all of them," she says.
    In awarding custody to Kulakowski, Judge Peter Corning chastised child welfare groups for turning this case into what he called a circus and causing irreparable injury to the children and the Kulakowski's.


I am reminded of one of my favorite lawyer jokes...

Q: What do you call a lawyer with half his brain removed?
A: Your Honor.