Rittgers & Rittgers, Attorneys at Law
Get Your Consultation Today

To protect your safety during the coronavirus (COVID-19) crisis, we offer telephone and video conferences, in place of face-to-face meetings. Please contact our office today to set up a remote consultation. For more information, read our blog post.

When Can a Survivor Terminate Parental Rights

The State of Maryland is making news this week in catching up to most of the rest of county by unanimously passing a bill that is expected to be signed by the governor that will allow victims of rape or sexual assault to terminate parental rights of their attackers. Maryland's proposed law goes further than many other states in that it does not require a conviction or guilty plea to rape or sexual assault but rather just a finding that there was "clear and convincing" evidence of the attack.

It has really only been in the last five years that laws severing rights of such attac kers have spread across the nation. Even though Ohio is not one of the six remaining states that allows attackers to request parenting rights, Ohio does require a finding of guilty or a plea on a rape charge or sexual assault before any parenting rights will be terminated. 

It was not until the Ariel Castro case that captivated the country in 2013 that Ohio even passed a law to address this issue. Castro kidnapped three women beginning in 2002 in northeast Ohio and held them captive for over ten years, repeatedly raping and beating them. After a daring escape by one of the women in 2013, Castro was arrested and charged with over 900 counts of kidnapping, rape and aggravated murder. He eventually agreed to a plea deal and was sentenced to life plus 1,000 years but not before he requested to visit with his then six-year-old daughter that was conceived by rape with one of the women he captured. The request was, of course, denied and Castro hung himself in prison one month into his lifetime sentence.

Multiple Ohio legislators introduced legislation soon after the discovery of the women in Castro's home and the result turned into what is now the Ohio law that allows women to terminate the parental rights of their attackers (Ohio Rev. Code. 3109.501).

While it is commonly accepted that many attacks are not reported, those that are now have a remedy if the attacker is found guilty of his crime. While the standard to terminate an attacker's rights is not yet universal, just a few years ago, attackers had the right to see their children throughout the country so steps that have been taken for mothers and children are far reaching. If you are one of these survivors or know someone who is, get in touch with one of our attorneys today to find out more about your rights. 

No Comments

Leave a comment
Comment Information
  1. Distinguished AV | LexisNexis Martindale-Hubbell | Peer Review Rated For Ethical Standards and Legal Ability
  2. Super Lawyers
  3. AVVO Rating 10.0 Superb
  4. Super Lawyers Rising Stars
  5. Million Dollar Advocates Forum
  6. Multi Million Dollar Advocates Forum
  7. The National Trial Lawyers | Top 100 Trial Lawyers
  8. The National Trial Lawyers | Top 40 Under 40

Get Your Consultation Today. Call 513-932-2115.

Rittgers & Rittgers answers its phones 24/7. Call us anytime to secure your consultation with one of our award-winning lawyers. You can rely on us for elite representation from our deliberately small, family-run law firm.

Rittgers & Rittgers, Attorneys at Law

Lebanon Office
12 East Warren Street
Lebanon, Ohio 45036

Phone: 513-932-2115
Fax: 513-934-2201
Map & Directions

West Chester Office
9078 Union Centre Blvd.
Suite 350
West Chester, OH 45069

Phone: 513-932-9949
West Chester Law Office

Cincinnati Office
3734 Eastern Avenue
Cincinnati, OH 45226

Phone: 513-932-7375
Map & Directions

Florence Office
7310 Turfway Road, Suite 550
Florence, KY 41042

Kentucky Law Office

Oxford Office
121 West High Street
Oxford, OH 45056

Phone: 513-524-5000
Fax: 513-524-5001
Map & Directions

Email Us Today

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Email Us Today