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EspañolCan 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 Or. Rev. Stat. § 107.137(1)(d)
2 Or. Rev. Stat. § 107.137(2)
If my child was conceived as a result of rape, can the parent (offender) get custody?
The judge cannot give the offender sole or joint custody if the offender has been criminally convicted of any of the following crimes and the rape resulted in the conception of the child:
- 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 Or. Rev. Stat. §§ 107.137(6)(a); 163.365; 163.375
2 Or. Rev. Stat. § 107.137(6)(b)
