Police have ordered DNA tests to determine whether Ariel Castro is the father of Amanda Berry’s 6 year old daughter.  He is accused of kidnapping and raping Berry and two other women and holding them captive in his Cleveland home for years.

Many will find it hard to believe that a person convicted of such awful crimes would be able to assert any parental rights such as custody and visitation.

But Maryland, DC and Virginia are among the majority of jurisdictions that do not have laws terminating parental rights upon conviction of rape of the birth mother. So is Ohio.  If Castro sues for custody and visitation, the judge will have to decide based on what’s in the best interest of the child.

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