New Michigan Law Prevents Rapists From Getting Custody of Children When Women Refuse Abortions

For women who have been raped who later get pregnant, the decision to keep the child or to give birth can lead to years of manipulation and continued abuse from her rapist. According to Salon, the shocking reality is that in many states, rapists have the right to seek child custody. Some states recognize rapists as having rights as a child’s father.

Until recently, women who chose to keep their children after being raped sometimes faced tragic and serious harassment. There have been cases where rapists threatened to seek visitation rights unless women gave up on trying to seek child support payments. In other instances, rapists have attempted to block adoptions, refusing to give permission unless the victim agreed to withhold testimony in court. According to Salon, one-third of rape victims who become pregnant decide to give birth. These women often have to suffer ongoing contact with their rapists regarding joint parenting decisions, ranging from the child’s schooling, to religious upbringing, to health decisions. Essentially, women were forced to share joint legal custody with their rapists.

Yet, for women who choose to keep a child conceived after a rape, Michigan law gives the state the right to terminate the rapist’s parental rights. According to Michigan Radio, the law protects women from facing a drawn-out custody battle with her rapist. Once the rapist is convicted, parental rights are terminated. The hope is that the new law won’t give rapists a bargaining card in court. Prior to the passage of the law, rapists could use their parental rights to silence their victims. In other instances, ongoing parental rights forced women to face a life sentence of having to co-parent with their rapists.

Women have the right to end pregnancies that result from rape, but some women’s religious beliefs mean that abortion isn’t an option. Regardless of a woman’s personal beliefs, no one should have to suffer for choosing to keep a baby. For some women, choosing to raise a child conceived in rape can be healing. As it stands, only 35 states allow women to seek to terminate the parental rights of their rapists.

While Michigan requires a criminal conviction in order for parental rights to be terminated, some states allow women to accuse the father of rape in family court. Some argue that this solution doesn’t work, because the burden of proof in family court is lower than it is in criminal court. Additionally, that system is vulnerable to abuse. For instance, in cases of statutory rape, parents may use the system to deny a father rights to his child.

If you’re facing a child custody battle in Grand Rapids, Michigan, you deserve quality representation. A child custody law firm like Gordon & Hess, PLC may be able to assist you in protecting your rights. When your family’s future is at stake, you need someone on your side. Gordon & Hess, P.L.C. are qualified child custody lawyers who fight diligently to protect your family and your children’s best interests.