Underwood

Mother appeals a denial of her motion to modify an award of custody of her child, M, from her father and stepmother (grandparents) to her. She asserts that the trial court erroneously applied ORS 109.119(2)(c) to this proceeding or, alternatively, if the court properly applied ORS 109.119(2)(c), that statute is unconstitutional as applied to this circumstance.1 She further argues that the *186trial court erred in requiring her to demonstrate that a change of circumstance had occurred and that an award of custody to her was in the child’s best interests, or that, if the court properly required…