Kightlinger v. Kightlinger

This is an appeal from a decree of divorce awarding custody of two boys, six and seven years old, to their mother.

Under ORS 19.125(3), this court is required to consider suits de novo upon the record. ORS 107.100 (1) provides as follows:

“* * * In determining custody the court shall consider the best interests of the child and the past conduct and demonstrated moral standards of each of the parties. No preference in custody shall be given to the mother over the father for the sole reason that she is the mother.”

Allowing for all the subtleties of testimony that slip away from a reviewing court,…