Legal Information: Kentucky

Custody

Updated: 
September 29, 2021

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

If the offender was convicted of a felony offense related to rape/sexual assault that caused you to conceive your child, the offender cannot get custody or visitation rights unless you specifically ask the judge to order visitation rights. Such a request for visitation rights, however, can only be made by a mother who is age 18 or older. In addition, the offender will be ordered to pay child support unless you do not want it. However, you can only give up (waive) child support if you are age 18 or above. If you are a minor, child support can only be waived by your guardian or a de facto custodian of the child.1

The offender also loses the right of to inherit any money with respect to the child.2

1 KY ST §§ 405.028; 403.322
2 KY ST § 403.322(2)

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