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EspañolCan a parent who has committed violence get custody or parenting time?
The judge will look at many factors to decide what custody arrangement is in the “best interests and welfare of the child.”1 However, if one parent has committed abuse, there is a “rebuttable presumption” against giving that parent custody. This means the judge will start by assuming it is not in your children’s “best interests and welfare” for an abusive parent to have joint or sole custody. The abusive parent can still present evidence to try to change the judge’s mind.2
There is no similar rule for parenting time (visitation). When deciding parenting time, the judge must think about what schedule is in the children’s “best interests and welfare.” The judge must make sure that a parent without custody gets enough quality time with the children. At the same time, the judge must make sure that everyone involved stays safe.3
The judge can only deny the abuser parenting time if:
- you prove that parenting time would put your children’s health or safety in danger; or
- your child was conceived as a result of rape, and the abuser was convicted of the rape.3 See If my child was conceived through rape, can the person who raped me get custody or parenting time
1 Or. Rev. Stat. § 107.137(1)
2 Or. Rev. Stat. § 107.137(2)
3 Or. Rev. Stat. § 107.105(1)(b)
If my child was conceived through rape, can the person who raped me get custody or parenting time?
The judge cannot give the offender any custody or parenting time (visitation) if your child was conceived as a result of the rape and the offender was criminally convicted of:
- rape in the third degree, which is sexual intercourse with a child under age 16;
- rape in the second degree, which is sexual intercourse with a child under age 14; or
- rape in the first degree, which is sexual intercourse:
- by force, regardless of the victim’s age;
- with a child under age 12;
- with a child under age 16 where the victim is the offender’s sibling, child, or stepchild; or
- with a person who cannot give consent because they are mentally impaired, physically helpless, or cannot understand what is happening.1
However, the offender will still be required to pay child support.2
1 Or. Rev. Stat. §§ 107.137(6)(a); 107.105(1)(b); 163.355; 163.365; 163.375
2 Or. Rev. Stat. § 107.137(6)(b)
