Legal Opinion

in re the Marriage of Smith

Court of Appeals of Oregon

Decided April 27, 1983No. 36870; CA A25282PublishedCited by 4 opinions

1Opinion of the CourtGillette, P. J.

Petitioner, the divorced mother of two minor children, seeks reversal of a circuit court order changing custody of the children from her to father. On de novo review, we conclude that respondent has failed to demonstrate that circumstances have changed substantially since the entry of the original custody order and that a change in custody would serve the best interests of the children. Accordingly, we reverse.

Mother and father separated in April, 1980. A decree of divorce was entered in August, 1980, giving mother custody of the couple’s two children, Jeffrey, then age six, and Justin, age…

2Cases cited5 opinions

  1. MacKey v. MacKeyCourt of Appeals of Oregon · 1972
  2. Matter of Marriage of BirgeCourt of Appeals of Oregon · 1978
  3. In re the Marriage of HansenCourt of Appeals of Oregon · 1980
  4. In re the Dissolution of the Marriage of EllisCourt of Appeals of Oregon · 1974
  5. In re the Marriage of MortonCourt of Appeals of Oregon · 1981

3Cited by4 opinions

  1. In re the Marriage of StevensCourt of Appeals of Oregon · 1991
  2. Matter of Marriage of HeubergerCourt of Appeals of Oregon · 1998
  3. Matter of Marriage of PoulsonCourt of Appeals of Oregon · 1984
  4. Matter of Marriage of PoulsonCourt of Appeals of Oregon · 1984

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