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Legal Information: North Carolina

Custody

Laws current as of December 22, 2023

My child was conceived from rape. Can the offender get custody or visitation?

If the person who raped you was convicted criminally of first degree forcible rape, second degree forcible rape, statutory rape of a child by an adult, or first-degree statutory rape against you, which resulted in the child being conceived, the law specifically says that the offender cannot claim the right to custody or visitation of the child.1

Additionally, a parent who committed a sexually violent offense listed in section 14-208.6(5) of the law, which includes the crimes listed above, must mention the conviction in his/her petition for custody or visitation.2

1 N.C. Gen. Stat. § 50-13.1(a)
2 N.C. Gen. Stat. § 50-13.1(a1)

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