Proposed bill would strip fathers of parental rights in sexual assault cases
Source: Omaha World Herald
LINCOLN, Neb. (AP) Men who father a child during a sexual assault would lose all parental rights but could still be ordered to pay child support under a bill introduced Monday by a Nebraska lawmaker.
State Sen. Bill Avery of Lincoln proposed legislation that would allow the man to keep his parental rights only if the mother gives her consent and a judge deems it is in the child's best interest.
The bill would strip parental rights from the biological father once he is convicted of first-degree sexual assault. It would require county attorneys to file a petition to terminate the rights after a conviction, which itself would suffice as evidence that a father's rights should be terminated.
Judges would also have the option to order that the father pay child support, unless they determined that doing so ran contrary to the child's interests. The measure would require judges to put the father's request for custody rights on hold during criminal proceedings, and would allow the paternity action to proceed if the father was found not guilty.
FULL story at link.
Read more: http://www.omaha.com/article/20130114/NEWS/130119807/1685#proposed-bill-would-strip-fathers-of-parental-rights-in-sexual-assault-cases
This is huge for NE!
seabeyond
(110,159 posts)if a woman decided to keep a baby that is created from rape.
this would be starters.
Ian David
(69,059 posts)Either way, I'm still in favor of this bill.
shraby
(21,946 posts)Ian David
(69,059 posts)duhneece
(4,112 posts)We need a law for this? I would have thought it was automatic, somehow.
KarenS
(4,073 posts)Logic says it should be automatic but there have been some news stories about rapists and their rights with children.
kestrel91316
(51,666 posts)cosmicone
(11,014 posts)oh damn .. that was sooooo last year!
Kber
(5,043 posts)she was headed down to Houston to hand the baby over to his adoptive parents.
The woman had been raped, but as a devout Christian, looked for an alternative to abortion. Unfortunately for her, her rapist (who she knew slightly) had to be convicted before the state would terminate his parental rights - which would take 6 - 9 months, and he wouldn't sign over consent to the adoption unless she dropped her charges.
So this poor woman was put into the position of having to decide between two competing beliefs - the first being her personal problem with having and abortion and the second, implied consent to sexual assault.
She had all but decided to have an abortion when her attacker died in a motorcycle accident! (Go figure!). So she contacted an adoption agency, and found a family who wanted her baby.
It was a case of confiding in a stranger - someone she never expected to see again (and never did). Anyway - the story stayed with my aunt, and with me, as an interesting lesson. Basically, the idea that a man should have control over his offspring, no matter what, almost "forced" a woman who didn't want an abortion to have one anyway. Makes you wonder, was the law designed to help a woman "choose life" or just enforce male domination over his "family"?
okaawhatever
(9,461 posts)Nanjing to Seoul
(2,088 posts)so you don't need an abortion, baby killer." Other than that fear, it is a good idea.
malibea
(179 posts)This is great, especially for those mothers who are afraid to say that these violent, asinine fathers CAN NOT see the child. As a former worker in Child Welfare, I know that these bastards DEMAND that they see their child and the mother is afraid to say no. This losing son of a bitch even threatens the woman if she says he cannot see the baby. Now thank God, there is some permanent relief for these mothers and their babies. Hurrah!
obama2terms
(563 posts)It's pretty sick that a rapist can get parental rights, it should be obvious that the man is dangerous and shouldn't be within 100 feet of the child! At least something is being done about it though.
Liberal_in_LA
(44,397 posts)uppityperson
(115,677 posts)musical_soul
(775 posts)No woman wants to share custody with the man who violated her.
malibea
(179 posts)I would like to add that little bit to make it even stronger! It definitely pisses me off that women have to be confronted by these asshole bullies for a second time; once at the initial assault stage, and the second time when he has the audacity to demand anything
840high
(17,196 posts)BlancheSplanchnik
(20,219 posts)I'm on mobile so I can't post the recent graphic showing just how often rapists are found guilty.
This may be a positive step but not by much. And it's no substitute for safe legal abortion rights. And a cultural change to punishing criminals rather than victims.