In Re the Marriage of Moore

In this marital dissolution action, the circuit court awarded custody of the child to wife, based in part on the fact that husband is not the biological father of the child. Husband appealed, assigning error to that award of custody. Husband argued that wife was estopped from denying his paternity and that the “best interests of the child” standard, ORS 107.137, should be used in determining custody rather than the “compelling reasons” standard announced in Hruby and Hruby, 304 Or 500, 516, 748 P2d 57 (1987). In the alternative, husband argued that, given the child-parent relationship that he…