Minnesota
law currently has no provision that would automatically prevent the father of a
child conceived by rape from asserting custody and visitation rights over that
child, even though the mother of the child would obviously want no contact with
her attacker.
This
issue rose to the forefront of national debate again after the Cleveland, Ohio
man who pleaded guilty to kidnapping three women and holding them for a decade
asked for visitation rights with the daughter he fathered with one of his
victims. The judge hearing the case seems to have dismissed the request without
much hesitation, saying that visitation would be "inappropriate".
Still,
with one-third of the 32,000 children conceived by rape being carried to term,
it is likely that in Minnesota, a case will emerge in which the father of a child
allegedly conceived by rape will attempt to assert fathers' rights, including
the right to regular contact with his child and perhaps even child custody.
In the
Cleveland case, the evidence against the defendant was strong, and he pleaded
guilty to his crimes. But it is not difficult to imagine a situation in which a
father accused of conceiving a child by rape is never convicted or even
prosecuted. Those situations will present a much more difficult case in which
visitation is a real possibility.
There is
federal legislation currently pending that would give grants to states that
have laws terminating the parental rights of rapists. Nevertheless, even
without special legal protection, mothers of children who were conceived by
rape still have the right to present their case to a Minnesota family court and
argue that the best interests of the child would not be served by having visits
with the rapist. Although going to court may be frightening for these victims,
a skilled family law attorney could help calm those fears.
Source: CNN
International, "Child custody rights for rapist? Most states have them," Ed Payne and Ted Rowlands, Aug. 1, 2013
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