Oregon House Judiciary Hears Widely Divided Testimony on HB 3095, a Rebuttable Presumption for Equal Parenting Time

Salem — The House Judiciary Committee opened a public hearing Feb. 25 on House Bill 3095, which would create a rebuttable presumption that equal parenting time is in the best interest of a child when parents dissolve a marriage. Representative Rick Lewis, sponsor and House District 18 lawmaker, told the committee the measure is a redraft requested by Justice Miller and intended to bring “clarity” and consistency to parenting-time decisions across the state.

Supporters told the committee that presumptive equal parenting time would keep both parents engaged in their children’s lives and reduce the emotional and financial toll of prolonged custody disputes. “This bill gives Oregon an opportunity to modernize presumptions of family law into our current century,” testified Jess Miller, who identified himself as a family doctor and father. Seth Lazier, who said he works as an ADA advocate for low-income people in family law, and several other fathers and parents described long court battles and enforcement problems and argued that the bill would help many families regain parental contact and reduce costly litigation.

The bill’s text would require a court, when developing a parenting plan, to presume equal parenting time is in the child’s best interest unless the presumption is rebutted by evidence showing it would not be in the child’s interest or would endanger the parties’ safety. Representative Lewis summarized that, if the presumption is rebutted, “the measure requires the court to develop a parenting time schedule that maximizes practical…