Legal Opinion

In Re the Marriage of Walter

Court of Appeals of Oregon

Decided December 13, 1976No. 92325, CA 6182PublishedCited by 11 opinions

1Opinion of the Court

*723SCHWAB, C. J.

In this dissolution-of-marriage proceeding, the trial court awarded wife custody of the parties’ two children subject to reasonable visitation by husband, but conditioned the award of custody by requiring that wife not cohabit1 with a man not her husband while the children were in her custody. Wife appeals from the imposition of the condition upon the award of custody.

Conditions should be imposed on an award of custody only when necessary to protect the best interests or the welfare of the child. See ORS 107.137. See generally Holmes and Holmes, 20 Or App 161, 530 P2d 889 (1975).…

2Cases cited3 opinions

  1. Hogan v. HoganCourt of Appeals of Oregon · 1971
  2. In Re the Marriage of WhitlowCourt of Appeals of Oregon · 1976
  3. In re the Dissolution of the Marriage of HolmesCourt of Appeals of Oregon · 1975

3Cited by11 opinions

  1. Boswell v. BoswellCourt of Appeals of Maryland · 1998
  2. Jelly v. DabneyWyoming Supreme Court · 1978
  3. Matter of Marriage of EdwardsCourt of Appeals of Oregon · 1985
  4. State v. ArroyoSupreme Court of Connecticut · 1980
  5. Matter of Marriage of VasconcellosCourt of Appeals of Oregon · 1982

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