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Legal Information: U.S. Virgin Islands

Custody

Updated: 
November 30, 2023

If my child was conceived by rape, can the offender get custody?

If your child was conceived by rape and the offender is asking for custody, the judge will assume it is not in the best interest of the child to live with the offender. Instead, the judge will assume that it is in the best interest of the child to live with the non-abusive parent in the location of that parent’s choice, either in the Virgin Islands or in another state/territory. However, the offender/parent can present evidence to try to change the judge’s mind.1

1 16 V.I.C. § 109(b)