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Kentucky · Snapshot 09/05/2026

KRS 403.322: Custody, visitation, and inheritance rights denied parent convicted of

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Where this section sits in the code
  1. KRS Chapter 403

felony sexual offense from which victim delivered a child -- Waiver -- Child

support obligation.

(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 chil d,

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 Chapte r 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.

Collected 2026-09-05T20:59:29Z. Source file · JSON

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