A Bakersfield, California sex offender will be assuming custody of a 6-year-old girl, thanks to a ruling by an Oklahoma City judge. The judge made the decision to hand over the child to 55-year-old Nicholas Elizondo, the child’s father. He was convicted in 1995 of lewd or lascivious acts on a child. The child’s mother married Elizondo before the conviction, and divorced him in 2008. Elizondo filed for custody, according to his court filings, after his ex-wife began cutting off access to his daughter.
“There isn’t anything prohibiting a judge from giving a person convicted of that once they’ve done their time and they’re off probation or parole,” Kern County Assistant District Attorney Scott Spielman lamented. “There is a lot to be taken into account, but you’d think that there would be a great deal of weight given to a person that actually was charged and convicted and went to prison for molesting a child under 14.”
During a court hearing on visitation, however, the child who was allegedly victimized by Elizondo testified that he never molested her.