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Child Custody in Rape Cases

If you were the victim of rape and become pregnant, your attacker may seek child custody. People often assume that when a woman is raped, she should be protected from her attacker. However, this is not always true. The Texas Family Code gives protection to a woman who conceives a child after a sexual attack or a criminal act. The woman has the right to seek termination of parental rights in order to protect herself from having to deal with her attacker. If she decides not to seek termination, she could be vulnerable to dealing with child custody and visitation from the attacker.

A woman can ensure protection if she can prove that her attacker was convicted of rape and the pregnancy is a result of the rape. Also, the victim may need to seek termination in order to gain these protections. A perpetrator has the right to sue for custody or visitation rights but the Texas Family Code can terminate those rights. A judge does not have to terminate a rapist's rights, though they often decide in the favor of a mother.

If you are dealing with a paternity issue involving child custody and a rapist, you need to get a lawyer involved. It is essential that you request a termination of parental rights and do your best to keep the rapist from establishing his rights to the child. With the right attorney on your side, you will be able to fight for your rights and protections in Texas. You will need to make sure that your attacker is convicted of sexual assault. If you never pressed charges against your attacker, you will want to do this before attempting to terminate parental rights. If you want more information, don't hesitate to contact the firm today!