In re the Marriage of Gomez

Mother appeals a general judgment of dissolution of marriage awarding custody of the parties’ children to father. She contends that the trial court improperly applied ORS 107.137(1),1 which states that, in determining custody of a minor child, a court shall give primary consideration to the child’s “best interests and welfare” and sets forth the factors that a court shall consider in making that determination.2

In its ruling, the trial court determined that father was the primary caregiver during the marriage and that mother was the primary caregiver since the date of separation, “but only…