Legal Opinion · Concurring in part, dissenting in part

In re the Marriage of Southworth

Court of Appeals of Oregon

Decided July 1, 1992No. 89-DO-0384-TM; CA A67932Published

1Concurring in part, dissenting in partRiggs, J.

I agree with the majority that there is not a substantial change of circumstances warranting a change of custody but, on de novo review, I believe that mother’s continued custody requires imposition of certain conditions.

*615When the trial judge modified the dissolution judgment to award father custody, he imposed conditions on mother’s visitation. He ordered that mother’s boyfriend “shall not be allowed to bathe or shower the parties’ minor child” and that, “whenever [he] is in the presence of the minor child, he must be fully clothed.” Those conditions could have been imposed without a change…

2Cases cited2 opinions

  1. A. v. A.Court of Appeals of Oregon · 1973
  2. In re the Dissolution of the Marriage of ReynoldsCourt of Appeals of Oregon · 1978

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