Sears v. Sears

This case is before us on remand from the Oregon Supreme Court, Sears v. Sears, 337 Or 555, 101 P3d 809 (2004), with instructions to reconsider it in light of the court’s decision in O’Donnell-Lamont and Lamont, 337 Or 86, 91 P3d 721 (2004). We previously determined that paternal grandparents had not rebutted the statutory presumption under ORS 109.119 1 that mother had acted in the best interests of her child (AM). We therefore reversed the trial court’s award of custody of AM to grandparents. Sears v. Sears, 190 Or App 483, 79 P3d 359 (2003). We now reexamine the record in light of the…