English
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)
