In re the Marriage of Miller

In this custody case, mother appeals a judgment of dissolution awarding custody of their two children to father.1 Mother argues that the trial court legally erred in its application of the statute that governs child custody awards, ORS 107.137. We agree. We conclude that the trial court impermissibly relied on the “conduct, marital status, income, social environment or lifestyle” of mother, ORS 107.137(3) (2011), amended by Or Laws 2013, ch 72, § 1, in its decision to grant custody to father.2 We also conclude that the trial court legally erred in concluding that ORS 107.137(1) (f)—…