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Legal Information: Oregon

Custody

Updated: 
December 5, 2023

If my child was conceived as a result of rape, can the parent (offender) get custody?

If the parent (offender) has been criminally convicted of any of the following crimes under Oregon law (or under similar laws in another state) and the rape resulted in the conception of the child, the judge cannot give the offender sole or joint custody:

  • rape in the second degree, which is sexual intercourse with a child under age 14; or
  • rape in the first degree, which is defined as:
    • sexual intercourse by force, regardless of the victim’s age;
    • sexual intercourse with a child under age 12; or
    • sexual intercourse with a child under age 16 where the victim is the offender’s sibling, child, or step-child.1

However, the offender still has the obligation to pay child support.2

1 ORS §§ 107.137(6)(a); 163.365; 163.375
2 ORS § 107.137(6)(b)

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