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Legal Information: Pennsylvania
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:
- the other parent of the child asks that the offender-parent be given some form of custody;
- the child is of suitable age and consents to the custody order; and
- 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)
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