WomensLaw serves and supports all survivors, no matter their sex or gender.

Legal Information: California

Custody

View all
Laws current as of January 11, 2024

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

If your child was conceived as a result of rape, and the offender was actually convicted of rape in criminal court, the offender cannot get custody or visitation. However, the judge can still order the offender to pay child support for the child.1 It is also an option to file a petition to completely terminate the offender’s parental rights based on this,2 although then child support cannot be ordered.

1 Cal.Fam.Code § 3030(b), (d)
2 Cal.Fam.Code § 7825(b)