In Re the Dissolution of the Marriage of Lehr

Wife appeals from a dissolution-of-marriage decree which awarded custody of the three-year-old daughter to husband. Wife contends that the award of custody to the husband is not in the best interests of the child.

While this court reviews child custody proceedings de novo, substantial weight is afforded the trial court on factual issues. Thus, we are reluctant to reweigh testimony without some evidence that the trial court’s observations were manifestly mistaken. Starin and Starin, 29 Or App 557, 560, 564 P2d 748 rev den (1977). However, the evidence in this case convinces us that a mistake…