In re the Marriage of May

Father appeals a judgment denying his request for a modification of child custody. On de novo review, ORS 19.125(3), we reverse.

Father and mother divorced in May of 1992. At the time of the dissolution, mother had a history of drug and alcohol abuse. She had, however, recently stopped using both drugs and alcohol and had begun treatment. The trial court awarded her custody of the parties’ five-year-old child, Sebastian, and awarded father custody of their ten-year-old child, John.1 The trial court awarded father the family residence, but allowed mother to live there for the balance of the…