Legal Information: Oregon

Custody

Updated: 
March 22, 2022

Can a parent who has committed violence get custody?

The judge will evaluate many factors when determining custody.1 If one parent has committed violence, however, there is a “rebuttable presumption” against that parent getting custody. In other words, the judge will assume that it is not in the best interest of the child to grant that parent joint or sole custody but the abusive parent can present evidence to try to change the judge’s mind.2 The law does not have a similar presumption when it comes to an abusive parent getting visitation. For advice on how a judge will consider violence when deciding visitation, you may want to talk to a lawyer. Go to our Oregon Finding a Lawyer page for legal referrals.

1 ORS § 107.137(1)(d)
2 ORS § 107.137(2)

Legal Information

WomensLaw serves and supports all survivors, no matter their sex or gender.

© 2008–2023 WomensLaw.org is a project of the National Network to End Domestic Violence, Inc. All rights reserved. This website is funded in part through a grant from the Office for Victims of Crime, Office of Justice Programs, U.S. Department of Justice. Neither the U.S. Department of Justice nor any of its components operate, control, are responsible for, or necessarily endorse, this website (including, without limitation, its content, technical infrastructure, and policies, and any services or tools provided). NNEDV is a 501©(3) non-profit organization; EIN 52-1973408.