Middleton v. Chaney

Petitioners (uncle and aunt) seek review of a Court of Appeals decision that terminated their guardianship of a child whom they have reared since 1996 and awarded custody of the child to his father. Middleton v. Chaney, 177 Or App 679, 34 P3d 722 (2001). We agree with the Court of Appeals that the guardianship should be set aside. However, for the reasons that follow, we hold that any award of custody to father is premature. We therefore modify the decision of the Court of Appeals in that respect, and remand the matter to the trial court for further proceedings.

We take the following…