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Can the person who raped me get parental rights to my child?
If your child was conceived through rape, the rapist usually cannot get parental rights if:
- they were convicted of rape, sex (“carnal knowledge”) with a child between thirteen and fifteen years old, or incest, including similar offenses committed out of state; or
- a judge decides, based on clear and convincing evidence, that they committed one of these crimes, even if they were never charged or convicted.1
However, this restriction does not apply if:
- you lived together as a family after the rape; or
- you allowed the person who raped you to have a parent-child relationship with your child.1
1 Va. Code § 20-49.1(D)
