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Legal Information: Utah

Custody

Laws current as of November 1, 2024

If my child was conceived from rape, can the person who sexually assaulted me get custody or parent-time?

In most cases, a judge cannot give custody or parent-time to a parent who was convicted of a sexual offense that led to the child’s conception. However, there are two exceptions:

  1. if you, as the child’s parent or legal guardian, agree to custody or parent-time and the judge decides it’s in the child’s best interest to allow it; or
  2. if, after the conviction, you lived with the person and created a home together for your child.1

Even if the judge denies parent-time or custody, this does not end (terminate) the person’s parental rights. S/he is still legally responsible for supporting the child financially.2

1 UT ST § 81-9-204(12)
2 UT ST § 81-9-204(13)

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