Can a Rapist Obtain Custody and Visitation of a Child Conceived Through Rape?
Very few states have statutes limiting the ability of a man who fathered a child through rape from asserting his parental rights. Rape and its aftermath is a serious and significant problem faced by our country. Though many rapes go unreported, it is estimated that roughly 25,000 women become pregnant through rape each year. A significant amount of women who become pregnant through rape each year choose to raise their children. Despite this, surprisingly little statutory protection exist for these women who chose to raise their children.
Statutory Protections Limited In Rape Parental Rights
Every state imposes criminal sanctions for rape. However, only sixteen states have promulgated statutes which aid women who became pregnant through rape and decided to raise their children. A man who fathers a child through rape has the same rights as any other father with respect to their children. Even in states offering some kind of statutory redress, the protections are typically quite limited. Several of the states with statutes offering redress require a conviction before there will be a termination of parental rights or a denial in visitation.
The State of Ohio … Read More... “Rape Aftermath: Child Custody And Control”
I have been asked repeatedly what is meant by “qualified” when selecting a therapist to deal with issues related to contentious custody situations. Too often much valuable time is wasted on counselors who have no experience dealing with the ramifications of custodial interference, parental alienating behaviors and repeated false allegations. Too many people just look at the words “family counseling” and don’t go the extra interview step to discover what experience the counselor has in custody issues and whether the person has even been qualified to testify in court. Often the random selection of therapists does more harm than good and the client finds himself back at square one after the therapist finally admits the situation is outside his/her abilities and expertise.
One of the most contentious issues that may arise in custody litigation is whether a non-parent has the right to exercise visitation with a particular child. Generally speaking, parents are imbued with an absolute right to determine who their child shall visit with under the Due Process Clause of the United States Constitution. This right was most clearly articulated in the United States Supreme Court’s seminal decision of Troxel v. Granville (2000), wherein the Court stated “so long as a parent adequately cares for his or her children (i.e., is fit), there will normally be no reason for the State to inject itself into the private realm of the family to further question the ability of that parent to make the best decisions concerning the rearing of that parent’s children.”
The international custody case of Chafin v. Chafin was previously discussed in our Ohio Family Law Blog article of October 6, 2012. (
Those that have been involved in custody litigation are probably aware of the important role that a Guardian ad Litem (GAL) can play in the outcome. In fact, when both parties otherwise appear suitable, the GAL’s report can sometimes be the tie-breaker for the Judge or Magistrate hearing the case. The input from the Guardian ad Litem is usually taken very seriously by the Court due to the fact it is thought to come from someone that is in a neutral position, has only the best interests of the children in mind, and has almost unfettered access to relevant information, such as the home life of both parents, the children’s school teachers and counselors as well as other important persons. In short, having a favorable Guardian ad Litem report can be the difference between winning and losing.
Early last month, there were a few news stories focusing on what is often referred to as Ohio’s Safe Havens law. For instance, follow this 
Jeffrey Lee Chafin v. Lynne Hales Chafin