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Will I be granted full custody of my child if their mother is a rapist?
Anonymous5 views1 answers
I was assaulted a few months ago. The woman responsible is currently pregnant with my baby, that was a result of what happened that night and I want to fight for full custody once my child is born. I have evidence gathered from that night and multiple witnesses that can recount me being too incapacitated to consent while she was absolutely sober. If she’s convicted what are the chances of me being given full custody pr even sole custody of my child? I don’t want my child around my rapist ever. What’s the best and worst case scenario for a situation like this?
So if the mother ends up in prison based on a rape conviction, such that you are the only parent not in prison, it should be pretty easy for you to obtain sole legal custody. In the event she is not convicted and/or not set to prison, then the custody statutes do consider the abuse by one parent towards the other, and there is a rebuttable presumption that the abusive parent should not be awarded custody.
In any event, whether you are awarded sole legal custody or not, the courts will try to facilitate parenting time between the child and mother if it can be done safely.
