107.705, other than as described in subsection (6) of this section, there is a rebuttable presumption that it is not in the best interests and welfare of the child to award sole or joint custody of th

107.705, other than as described in subsection (6) of this section, there is a rebuttable presumption that it is not in the best interests and welfare of the child to award sole or joint custody of the child to the parent who committed the abuse.

����� (3) If a party has a disability as defined by the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.), the court may not consider that party�s disability in determining custody unless the court finds that behaviors or limitations of the party that are related to the party�s disability are endangering or will likely endanger the health, safety or welfare of the child.

����� (4) In determining custody of a minor child under ORS 107.105 or 107.135, the court shall consider the conduct, marital status, income, social environment or lifestyle of either party only if it is shown that any of these factors are causing or may cause emotional or physical damage to the child.

����� (5) No preference in custody may be given to one parent over the other based solely on the gender of the parent.

����� (6)(a) The court determining custody of a minor child under ORS 107.105 or 107.135 may not award sole or joint custody of the child to a parent if:

����� (A) The court finds that the parent has been convicted of rape under ORS 163.355, 163.365 or