Parental Rights
New Jersey
Last Updated: April 2023
| Question | Answer |
Does the state allow for termination or limitation of parental rights when a child is born from rape? |
Yes |
Does the state require a conviction for the sexual offense to terminate or limit the rapist’s parental rights? |
Yes |
May the state terminate or limit parental rights when there was a sexual assault that led to the birth of the child, but no conviction? |
No |
What parental rights can be terminated or limited? |
Limited: Custody Visitation |
Are there any exceptions to the termination or limitation of a rapist’s parental rights? |
The best interest of the child standard applies in custody determinations. |
What other rights may be impacted by terminating a rapist’s parental rights? |
N/A |
What is the procedure for termination or limitation of parental rights in these circumstances? |
Victim parent or a guardian of the child or the Division of Child Protection and Permanency must petition the Court. |
What proof do you have to show to terminate or limit the rapist parent’s parental rights? |
Must show by clear and Convincing Evidence that the rapist parent was convicted of felony sexual assault to terminate the relationship. |
Are there any time limits for when a petition must be filed to terminate or limit the rapist parent’s rights? |
N/A |
Does the law apply to both adult victims and underage victims? |
Yes |
Does the law have any exceptions for married or co-habitating victims? |
N/A |
Can a court require the rapist parent to pay child support after parental rights have been terminated? |
Yes |
Statutory Citations |
See, N.J.S.A. 9:2-4.1 Custody and visitation denied to person fathering a child through rape; obligation to support minor child unaffected |