Legal Information: Pennsylvania

Custody

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Updated: 
August 3, 2021

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

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:

The only exception to this is if all of the following are true:

  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

In addition, if you are the mother of a child conceived as a result of rape or incest, you have the option of filing a termination of parental rights petition against the offender-father.3

1 23 Pa.C.S.A. § 5329(b.1)(1)
2 23 Pa.C.S.A. § 5329(b.1)(2)
3 23 Pa.C.S.A. §§ 2511(a)(7) ; 2512(a)(1)

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