Legal Information: Arkansas

Custody

Updated: 
September 22, 2018

If my child was conceived from rape, can the rapist get custody or visitation?

If you have conceived a child from being raped, and the man is convicted in criminal court of raping you, all of his rights to custody, visitation, or other contact with the child are terminated immediately upon being convicted for the rape in which the child was conceived.1 However, the rapist can still be ordered to pay child support (and the child may still be able to inherit from his estate upon his death).2

Note: The biological mother of a child conceived as a result of rape may petition the court to reinstate the rapist's parental rights if she chooses.3

1 A.C.A. § 9-10-121(a)
2 A.C.A. § 9-10-121(c),(d)
3 A.C.A. § 9-10-121(b)