WomensLaw is not just for women. We serve and support all survivors, no matter their sex or gender.

Important: Even if courts are closed, you can still file for a protection order and other emergency relief. See our FAQ on Courts and COVID-19.

Legal Information: Pennsylvania

Custody

View all
Updated: 
February 5, 2020

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

Generally, no.  If a person is convicted of any of the following sexual offenses that resulted in the child being conceived, the judge cannot give that offender-parent any type of custody:

Note: The only exception to this is if:

  1. the other parent of the child asks that the offender-parent be given some form of custody;
  2. the child is of suitable age and consents to the custody order; and
  3. the judge determines that custody would be in the best interest of the child.2

1 23 Pa.C.S.A. § 5329(b.1)(1)
2 23 Pa.C.S.A. § 5329(b.1)(2) 

Legal Information

Online Information Clinic about restraining orders coming September 22, 2020 at 12 pm EDT

© 2008–2020 WomensLaw.org is a project of the National Network to End Domestic Violence, Inc. All rights reserved. This website is funded in part through a grant from the Office for Victims of Crime, Office of Justice Programs, U.S. Department of Justice. Neither the U.S. Department of Justice nor any of its components operate, control, are responsible for, or necessarily endorse, this website (including, without limitation, its content, technical infrastructure, and policies, and any services or tools provided). NNEDV is a 501©(3) non-profit organization; EIN 52-1973408.