Full question:
I am an unmarried woman. I am a victim of rape, because of which I got pregnant. At present I am six months pregnant. The person who raped me has been convicted and is undergoing his sentence in prison. I wish to keep this child with me forever and have no contacts with the father of this child. I want to know who the legal custodian of this child is. I am a resident of Ohio.
- Category: Criminal
- Subcategory: Sex Offfender
- Date:
- State: Ohio
Answer:
In Ohio, per ORC Ann. § 3109.042, unmarried female who gives birth to a child is the sole residential parent and legal custodian of the child. . § 3109.042(A) states:“An unmarried female who gives birth to a child is the sole residential parent and legal custodian of the child until a court of competent jurisdiction issues an order designating another person as the residential parent and legal custodian. A court designating the residential parent and legal custodian of a child described in this section shall treat the mother and father as standing upon an equality when making the designation.”
Per ORC Ann. §3109.501a rape victim may bring an action to declare the person who raped her, as the parent of the child, if the child is conceived as a result of the rape.
§3109.501a reads:
“(A) Except as provided in division (C) and subject to division (D) of this section, a person who is the victim of rape or sexual battery for which a child was conceived as a result may bring an action to declare the person who was convicted of or pleaded guilty to the offense to be the parent of the child conceived as a result of rape or sexual battery committed by the other person.
(B) In an action seeking a declaration described in division (A) of this section, a court may issue an order declaring that the other person is the parent of a child conceived as a result of rape or sexual battery committed by the other person if all of the following are established by clear and convincing evidence:
(1) The other person was convicted of or pleaded guilty to the rape or sexual battery.
(2) The person bringing the action was the victim of the rape or sexual battery.
(3) The child was conceived as a result of the rape or sexual battery.
(4) Both persons are the parents of the child established pursuant to genetic testing conducted in different places or at different times or as provided in Chapter 3111. of the Revised Code.
(C) A person to whom the following apply may seek a declaration described in division (A) of this section only pursuant to a proceeding for divorce, dissolution, legal separation, or annulment:
(1) The person is the victim of a rape or sexual battery for which a child was conceived as a result.
(2) The person is married to the person who was convicted of or pleaded guilty to the rape or sexual battery.
(D) An action seeking a declaration under division (A) of this section shall be filed in a court with jurisdiction over juvenile matters if the parents of the child are not married and in a court with jurisdiction over domestic relations matters, pursuant to a proceeding for divorce, dissolution, legal separation, or annulment, if the parents of the child are married.”
The legal custodian of the child, born as a result of rape will be the unmarried mother who gave birth to such child. Such an unmarried mother, who gave birth to a child (born as a result of rape), may bring an action to “declare the person convicted of or pleaded guilty to the offense to be the parent of the child conceived as a result of rape.”
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
