WomensLaw serves and supports all survivors, no matter their sex or gender.

Legal Information: Kentucky

Custody

Updated: 
November 15, 2023

If my child was conceived from sexual assault, can the offender get custody or visitation?

If the offender was convicted of a felony offense related to rape/sexual assault that caused you to conceive your child, the offender cannot get custody or visitation rights unless you specifically ask the judge to order visitation rights. Such a request for visitation rights, however, can only be made by a mother who is age 18 or older. In addition, the offender will be ordered to pay child support unless you do not want it. However, you can only give up (waive) child support if you are age 18 or above. If you are a minor, child support can only be waived by your guardian or a de facto custodian of the child.1

The offender also loses the right of to inherit any money with respect to the child.2

1 KY ST §§ 405.028; 403.322
2 KY ST § 403.322(2)

Legal Information

© 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.