Paternity proceedings stayed for rape charges against putative father
If a man is charged with rape and a child may have been conceived from that rape, any court case about whether he is the father gets put on hold. That hold stays in place until the rape case is fully finished in court. Also, if the mother does not let that man see the child during this time, that cannot be held against her later in a custody case.
452.374. s for rape charges against . — 1. If criminal charges alleging an act of rape are brought against the putative father of a child conceived as the result of that act of rape, the court shall an automatic of any paternity proceeding involving both the child and the alleged putative father. The stay shall not be lifted until there is a of such criminal charges.
2. In any future , any of under this section shall not be used against the mother of the child when considering the factor contained in (4) of 2 of section 452.375.
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Source & history notes
(L. 2012 S.B. 628)
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