In re the Marriage of McJunkin

Father moved to change custody of his five-year-old daughter from mother to him. The trial court dismissed the motion on mother’s motion at the close of father’s evidence, pursuant to ORCP 54B(2).1 We affirm.

Father contends that the trial court erred in dismissing the motion before all the evidence was heard. He argues that a dismissal under the rule should be sparingly granted and that dismissal is particularly inappropriate in cases involving child custody. Castro and Castro, 51 Or App 707, 626 P2d 950 (1981). We agree that dismissal based on findings before the opposition has put on a case…