HB 3095
Creates rebuttable presumption that equal parenting time is in the best interests of the child.
Jurisdiction
Oregon
Session
2025 Regular Session
At the request of
(at the request of Jess Miller)
Committee
Judiciary
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Sign in to take actionPublic sentiment
Support
35%
Oppose
65%
- Introduced
- Passed House
- Passed Senate
- To Governor
- Became Law
Bill overview
This bill establishes a rebuttable presumption that equal parenting time is in the best interests of a child. It directs courts to consider this presumption unless evidence demonstrates that unequal time is more suitable. The bill also amends several Oregon Revised Statutes (ORS) related to parenting time, custody, and support, aiming to encourage frequent contact between children and both parents. It takes effect 91 days after the adjournment of the legislative session.
Key provisions
- Creates a rebuttable presumption that equal parenting time is in the best interests of the child.
- Directs courts to consider this presumption unless rebutted by evidence.
- Amends ORS 107.101 to include a specific provision regarding the presumption.
- Updates ORS 107.102 to require the development of parenting plans, potentially incorporating equal parenting time.
- Modifies ORS 107.095 to address provisions related to support and custody during divorce proceedings.
- Amends ORS 107.105 to clarify the court’s role in determining parenting time and support arrangements, including considerations for disability.
- Updates ORS 107.149 to formally establish the rebuttable presumption of equal parenting time.
- Specifies the effective date of the changes as 91 days after the adjournment sine die of the legislative session.
Who is affected
- Parents involved in divorce or separation proceedings
- Minor children involved in divorce or separation proceedings
Sponsors
Official sponsors from legislative records.
Primary sponsor
Cosponsors
Arguments in favor
Reasons to support this legislation.
Supporters of HB 3095 emphasize the need for reform in current divorce laws to promote equal shared parenting time, citing personal experiences and research that highlights its benefits for families and children. They argue that this approach can prevent family court battles, ensure equal access to both parents, and promote co-parenting, ultimately leading to better outcomes for children's mental health, educational development, and social growth. Many testifiers share personal stories of struggling with unequal parenting time or witnessing the negative impacts on their own children, underscoring the need for a more child-centered approach to custody litigation. By presuming equal parenting time as in the best interests of the child, supporters believe this bill can provide a fairer and more loving environment for children, allowing them to benefit from exposure to different lifestyles and strengths while maintaining a stable and supportive relationship with both parents.
Source: Testimony Summaries
Arguments opposed
Reasons to oppose this legislation.
Opponents of HB3095 express concerns that the bill would undermine a child-centered approach to parenting plans, leading to increased litigation and potential harm to young children. They argue that presumptions about what is best for children in parenting situations could lead to absurd results and create an uneven playing field, where some families have more access to resources and support than others. Opponents fear that the bill would put children at risk of unnecessary litigation, create more conflict and stress for families, and undermine the ability of courts to make informed decisions about child custody. They also worry that the bill's focus on fairness to parents could lead to a lack of accountability among attorneys who would benefit from this litigation, and that it would be too complex and difficult for parents to navigate, particularly vulnerable populations such as single-parent households or families with a history of trauma.