In Re the Marriage of O'Donnell-Lamont

I agree with the lead opinion that the 2001 amendments to ORS 109.119 apply to this case. For the reasons articulated by Judge Landau, however, I believe that this case should be remanded to develop the factual record. However, because the case will not be remanded, I write separately to emphasize the concerns about the lead opinion’s statutory analysis that Judge Landau identifies.

The lead opinion reasons, in part, that, because the 2001 amendments apply,

“[t]he presumption in ORS 109.119(2)(a), that a legal parent acts in the best interests of the child, is the legislature’s statement of the…