Rape is egregious and transformative, particularly if the victim becomes pregnant. After the rape, many courageous mothers decide to keep the kids.
However, the legislation often offers both biological parents a chance to raise the children as parents. If you share children with your rapist, that person may be allowed to see your kids occasionally.
Although there are differences in state regulations, it is typical for the parent with exclusive custody to set up the visiting schedule. Then, if the judge approves, it will become a court order after being submitted to the court.
Parents may come to an agreement without the need for judicial approval if they can work together well. It is advised to have the agreement approved by a judge because conditions are subject to change, making it enforceable in court should things go wrong.
It can be a very simple process if both parties can agree on child visitation and submit it to the judge. But in custody disputes, there can be a lot of hostility, and the court might have to set rules for the children’s visitation.
Child visitation agreements typically fall into one of two categories:
In supervised visitation instances, the judge will determine the frequency and length of visits as well as the person who will monitor the visits.
In precisely half of the states, the parental rights of the rapist cannot be terminated without a criminal conviction. The conviction must frequently be for a specific sexual offense or level of assault that resulted in the conception of the individual child in many of these 25 states.
A few states do have exceptions. In September 2019, Jessi’s Law, which applies to cases of conviction for first-degree rape, first-degree sodomy, and incest, entered into force in Alabama, which had previously protected rapists’ rights like Minnesota. In Delaware, a criminal sentence must be served to strip a rapist of their parental rights before a rebuttable presumption can be used to override it. In Arkansas, rights are immediately terminated upon conviction without the option of petition.
In New Hampshire, a conviction or fact-finding hearing with proof “beyond a reasonable doubt” that the act resulted in the child’s conception can also count. In Nebraska, the conviction must occur in the first degree for victims 14 or younger or in the second degree for victims 12 or younger.
In New Jersey, there is a rebuttable presumption that offenders should not be granted rights or visitation, but that presumption can be reversed if it is demonstrated that doing so is in the child’s best interest through the use of convincing and unequivocal evidence. New York similarly establishes a rebuttable presumption, although it only pertains to first- or second-degree rape, first-degree sexual assault on a child, or predatory sexual assault on a child.
North Carolina, Pennsylvania, Oklahoma, South Dakota, Tennessee, Texas, Washington, D.C., Alaska, Colorado, Connecticut, Florida, Georgia, Hawaii, Idaho, Indiana, Iowa, Kansas, Maine, Mississippi, and Washington, D.C. require proof of “clear and compelling evidence” demonstrating that the rape resulted in the child in question. Colorado is the lone exception, where rapes that took place prior to 2013 need to result in a conviction.
A comprehensive child custody hearing must be requested as soon as possible. You can ask for an emergency hearing if there has been domestic abuse to hasten the procedure. You can re-apply for full custody after the period is finished even though it is just temporary.
You have the option to ask the judge to reject visitation privileges during the child custody hearing. However, be ready to provide proof as to why visitation is bad for your child.
Criminal charges that are still unresolved are typically used as grounds to deny a parent custody of their child. It will be impossible for the parent to keep the child’s physical custody if they are both serving prison sentences. The rapist will have a difficult time getting child custody if they pursue it in family court.
Some rapists may exploit their parental responsibilities as leverage over the mother/victim, the prosecution’s crucial witness. Some rapists may ask for custody of the child in order to provide the mother the chance to end the custody dispute. The defendant wants the mother or victim to get the DA to drop the charges in return.
If this happens, the mother/victim may file a complaint with the family court and the criminal court alleging that the defendant is using the custody dispute as a way to harass the mother/victim rather than making a genuine good-faith attempt to establish parental rights.
Unfortunately, you cannot disobey court orders and keep your rapist from visiting your children. It is advisable to let someone know where you are because your safety is our top priority in this situation. You should also come up with a backup strategy in case your rapist tries to hurt you.
However, if your ex-partner does verbally or physically attack you, please make a detailed record. You might even call the police. The important thing in this situation is to gather enough proof for a subsequent court hearing to remove visiting rights or obtain a temporary restraining order.
Modifications to a visitation schedule are typical. Life can get hectic as individuals relocate, their professions change, and kids become more active. If a modification is required, attempt to reach an understanding with the opposing side before submitting it to the judge.
Only a judge-approved visitation schedule or one that the parties have agreed to in writing are legally binding. Even if you already have an arrangement in place, it is always advised to ask the court for permission.
Serious repercussions may be in play if one party consistently breaches the visitation schedule. A parent could be charged with a crime, lose their right to visitation, or be found in contempt of court.
Schedule breaches commonly happen when a parent keeps the child longer than expected or when one parent opposes the other’s visitation privileges. Call your lawyer immediately if you have a problem with the visiting schedule.
To discuss visiting rights in the context of rape, you may require a child visitation lawyer. A lawyer will present your case and act as your representative. They can provide you with the advice and guidance needed for your claim.
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