General Discussion
In reply to the discussion: Raped, pregnant and ordeal not over - 31 states give parental rights to rapists [View all]Xithras
(16,191 posts)All 50 states have laws granting legal rights to a childs biological father. 31 of those states use laws that didn't contain any specific exceptions, and instead rely on the courts to determine whether access should be denied. Rather than adding in exception after exception, these state simply have laws that say "Biological fathers have these rights until the court says otherwise".
This is obviously problematic in the case of rape, where the rape victim must file to have those rights terminated. I only personally know of one case where this happened, and the family court judge immediately terminated all of the rapists parental rights once the victim submitted the documentation showing that the biological father had been convicted of raping her. Even though the courts were cooperative, she probably shouldn't have had to go through that. The law should automatically terminate those rights once the rapist is convicted.