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, an unmarried woman who gives birth to a child is the sole residential parent and legal custodian of that child (ORC Ann. § 3109.042). This law states that until a court orders otherwise, the mother is recognized as the legal custodian. The law treats both the mother and father equally when determining custody.
If the child was conceived as a result of rape, the mother may also bring an action to declare the convicted rapist as the legal parent of the child (ORC Ann. § 3109.501a). To do this, she must provide clear and convincing evidence that the rapist was convicted, that she was the victim, and that the child was conceived due to the rape. This process is specific to cases of rape or sexual battery.
In summary, as the unmarried mother, you are the legal custodian of your child born from rape. You have the option to declare the convicted rapist as the child's legal parent if you choose to pursue that action.
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.