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Legal Information: Missouri

Custody

Updated: 
January 1, 2024

My child was conceived from rape. What happens if the offender tries to establish paternity or file for visitation?

If you report the rape to the police and the offender is charged with the crime, the judge is supposed to automatically put a temporary stop (“stay”) to any paternity proceeding involving the child and the alleged (putative) father. This “stay” will remain in effect until there is a final outcome in the criminal case.1

If you do not allow the rapist father to have visits with the child while the criminal case is pending, this cannot be used against you in a future custody case when the judge considers which parent is more likely to allow the child frequent, continuing and meaningful contact with the other parent.2

1 MO ST § 452.374(1)
2 MO ST § 452.374(2)

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