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

Q: I don’t want my child around my ex’s abusive boyfriend. No custody agreement is in order, only verbal. What can I do?

My child’s mothers boyfriend is abusive and has been arrested for strangling her before. I don’t want my daughter growing up around him, but I don’t have any court custody agreement what so ever. Just verbal agreements. What can I do?

1 Lawyer Answer
Jessica Larsen
Jessica Larsen
  • Divorce Lawyer
  • Hillsboro, OR
  • Licensed in Oregon

A: If no one has previously filed for custody, you may file a petition for custody with appropriate parenting time awarded to the other party. You can find pre-printed forms at the courthouse in your county. However, you should keep in mind that the court generally awards custody to the parent that has been the primary parent for the child's life. If Mother has been the person to meet your daughter's needs on a day-to-day basis, the court may favor her. However, the abuse against Mother works in your favor to a degree, especially if your daughter is in danger because of the abuse. Please consult an attorney to discuss your options.

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