Custody

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:

• rape;
• sexual assault;
• statutory sexual assault;
• Institutional sexual assault; or
• incest.¹

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)