In re the Marriage of Morales

This appeal from a general judgment of marital dissolution involves only the question of who should have custody of E, the youngest of the parties’ two sons. The parties agreed that mother would have custody of the parties’ older son, J, but father now challenges the trial court’s decision that mother should also have custody of E. We review de novo, ORS 19.415(3), and, having given due consideration to the trial court’s ability to assess the parties’ credibility and demeanor, Cooksey and Cooksey, 203 Or App 157, 172, 125 P3d 57 (2005), we nevertheless reverse.

We begin with a brief overview…