Kentucky Statutes 403.322 – Custody, visitation, and inheritance rights denied parent convicted of felony sexual offense from which victim delivered a child — Waiver — Child support obligation
Current as of: 2024 | Check for updates
|
Other versions
(1) The Commonwealth recognizes that certain victims of sexual assault may conceive a child as a result of the sexual assault and may choose to bear and raise the child. The Commonwealth also recognizes that victims of a sexual assault who have elected to raise a child born as a result of the sexual assault, as well as that child, may suffer serious emotional or physical trauma if the perpetrator of the assault is granted parental rights with the child.
(2) Except as provided in subsection (3) of this section, any person who has been convicted of a felony offense under KRS Chapter 510, or a comparable offense from another jurisdiction, in which the victim of that offense has conceived and delivered a child, shall not have custody or visitation rights, or the rights of inheritance under KRS Chapter 391 with respect to that child.
(3) The adult mother of the child may waive the protection afforded under subsection (2) of this section regarding visitation and request that the court grant reasonable visitation rights with the child if paternity has been acknowledged.
(4) Unless waived by the mother, or a guardian of a minor mother or a de facto custodian of the child in the case of a minor mother, and, if applicable, the public agency substantially contributing to the support of the child, a court shall establish a child support obligation against the father of the child pursuant to KRS § 403.211.
Effective: July 15, 2020
History: Amended 2020 Ky. Acts ch. 30, sec. 1, effective July 15, 2020. — Created
2014 Ky. Acts ch. 130, sec. 1, effective July 15, 2014.
(2) Except as provided in subsection (3) of this section, any person who has been convicted of a felony offense under KRS Chapter 510, or a comparable offense from another jurisdiction, in which the victim of that offense has conceived and delivered a child, shall not have custody or visitation rights, or the rights of inheritance under KRS Chapter 391 with respect to that child.
Terms Used In Kentucky Statutes 403.322
- de facto custodian: means a person who has been shown by clear and convincing evidence to have been the primary caregiver for, and financial supporter of, a child who within the last two (2) years has resided with the person for an aggregate period of six (6) months or more if the child is under three (3) years of age and for an aggregate period of one (1) year or more if the child is three (3) years of age or older or has been placed by the Department for Community Based Services. See Kentucky Statutes 403.270
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
(3) The adult mother of the child may waive the protection afforded under subsection (2) of this section regarding visitation and request that the court grant reasonable visitation rights with the child if paternity has been acknowledged.
(4) Unless waived by the mother, or a guardian of a minor mother or a de facto custodian of the child in the case of a minor mother, and, if applicable, the public agency substantially contributing to the support of the child, a court shall establish a child support obligation against the father of the child pursuant to KRS § 403.211.
Effective: July 15, 2020
History: Amended 2020 Ky. Acts ch. 30, sec. 1, effective July 15, 2020. — Created
2014 Ky. Acts ch. 130, sec. 1, effective July 15, 2014.