WomensLaw serves and supports all survivors, no matter their sex or gender.
Legal Information: California
Laws current as of November 7, 2024 If my child was conceived from rape, can the offender get custody or visitation?
If your child was conceived as a result of rape, and the offender was actually convicted of rape in criminal court, the offender cannot get custody or visitation. However, the judge can still order the offender to pay child support for the child.1 It is also an option to file a petition to completely terminate the offender’s parental rights based on this,2 although then child support cannot be ordered.
1 Cal.Fam.Code § 3030(b), (d)
2 Cal.Fam.Code § 7825(b)
© 2008–2024 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.
English
Español
