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Does a father have parental rights to a child born from a rape?

On Behalf of | Nov 2, 2016 | Uncategorized |

If you live in Illinois, the answer to this question depends on your situation. First, it is important to understand what the state considers a rape offense. According to the Illinois Bar Association, these include, but are not limited to, the following: criminal aggravated sexual abuse, criminal sexual assault of a child, aggravated criminal sexual abuse, sexual relations with a family member, predatory criminal sexual assault of a child, criminal sexual abuse and criminal sexual assault. If the father is convicted of an offense that falls under that category, then he is automatically denied any parental rights to the child born from that act.

Instead, the law gives all the parental power to you as the mother. If you wish to grant the father visitation or custody, you may certainly do so, but you are under no legal obligation. This means the father cannot make decisions regarding the child or engage in any form of contact. In addition, his relatives would probably not have any rights to the child, either, unless the you approve it. However, the law does not excuse the father from paying any ordered child support, but you have the right to deny that also.

It is important to note that this law also applies to fathers who have entered a plea of nolo contendere, which means no contest, or pleaded guilty. This is a change from a former law that required a conviction in order to restrict the father’s rights. The information presented here is provided for educational purposes only. It should not be interpreted as legal advice.