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Legal Information: North Carolina

Custody

Updated: 
February 6, 2020

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

No.  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.  In this situation, the law specifically says that the offender/parent cannot claim the right to custody or visitation of the child.1

1 NCGS § 50-13.1(a)