In re the Marriage of Deffenbaugh

This case involves a dispute between a former husband and wife over the custody of their two small children following the dissolution of the parents’ marriage. It comes before us on the wife’s petition for review of the Court of Appeals’ decision, 35 Or App 683, 582 P2d 470 (1978). In order to understand fully the issues presented by this case it is necessary to examine in detail its involved procedural background.

Wife filed a petition for dissolution of marriage April 1, 1977, and requested custody of the parties’ two minor children, a girl, bom June 6, 1974, and a boy, bom May 19, 1976. In…