Salem, OR asked in Family Law, Child Custody and Domestic Violence for Oregon

Q: I was wondering what are the oregon laws on custody and Visitation when the father uses illegal drugs??

I have photographic evidence of his drug use. Specifically meth and Heroin. I alreadt have temporary sole custody due to abuse. But he is avoiding the server for the protective order.

1 Lawyer Answer
Joanne Reisman
Joanne Reisman
  • Divorce Lawyer
  • Portland, OR
  • Licensed in Oregon

A: Your question doesn't make sense. With respect to custody and parenting time the court generally makes a customized order for each case. Generally speaking you need to keep your child out of any potentially dangerous situation and that includes keeping the child away from a parent who is actively abusing drugs. It sounds like you have already gotten a protective order and you are just waiting for it to be served. If the protective order states that you don't have to let your child go and visit the father, then you don't have to allow visits. It doesn't matter whether the order has been served or not.

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