Custody

If your child was conceived through rape, the rapist usually cannot get parental rights if:

• they were convicted of rape, sex (“carnal knowledge”) with a child between thirteen and fifteen years old, or incest, including similar offenses committed out of state; or
• a judge decides, based on clear and convincing evidence, that they committed one of these crimes, even if they were never charged or convicted.¹

However, this restriction does not apply if:

• you lived together as a family after the rape; or
• you allowed the person who raped you to have a parent-child relationship with your child.¹   

¹ Va. Code § 20-49.1(D)