It's very simple: has the man been convicted of being a rapist.

Yes? Then get him away from the kids, lock him up.

No? Then fuck off. I don't want the government slowly and creepily expanding their power to infringe on our rights.

in the face of "clear and convincing" evidence of rape

All that this phrase means is that they don't have the evidence to convict him of being a rapist. So they're using some other metric to label him a rapist.

it seems to me a judge should have some leeway in possibly keeping someone from having custody if he has "clear and convincing evidence".

And just like that we lose our justice system which is based on due process. Because, like always, the fear-mongers convince people like you to be afraid. There is a reason why we implemented due process and conviction "beyond a reasonable doubt", its because without these things innocent people are put into prison. Even with due process innocent people find themselves convicted of rape and locked away for years before it is discovered that they are innocent.

Think of the man who is called a rapist by this process and has his kids taken away. He has done nothing wrong. We must protect this man and stand up for due process. We must protect all of us and not fall for the words of the fear-mongers who try to make us afraid so that we give up our rights.