Matter of Marriage of Sleeper

In this marital dissolution action, the circuit court awarded custody of the parties’ two children to husband. Wife appealed, assigning error to that award of custody. She denied that husband was the biological father of the children and argued that, because the custody dispute involved a biological parent and a person who is not a biological parent, the “compelling reasons” standard announced in Hruby and Hruby, 304 Or 500, 516, 748 P2d 57 (1987), discussed below, should be used in determining custody. Husband argued that the Hruby standard was not applicable, because wife was estopped from…