In re the Marriage of Melevin

Father appeals from the trial court’s denial of his motion to change custody. Or Laws 1997, ch 746, § 116, compiled as a note after ORS 107.135 (1997). We review de novo. ORS 19.415(3). Father argues that the trial court erred in denying his motion when he established at trial that his parenting time had shifted from 40 percent to 60 percent. The burden is on father to show a substantial change in circumstances before the best interests of the child are considered. Ortiz and Ortiz, 310 Or 644, 649, 801 P2d 767 (1990). Specifically, he must show that since the original custody decision…