In re the Marriage of Connelly

Mother appeals the trial court’s order directing that legal custody of parents’ two children be changed to father. She asserts that the trial court erred in determining that father had established that (1) there had been a substantial change in a party’s capacity to parent the children and (2) a change of custody was in the best interests of the children. We review de novo, ORS 19.415(3), and reverse.

On de novo review, we find the facts as follows: Parents were married in 1989. Their older son, T, was born in 1991, and their younger son, S, was bom in 1993. It is undisputed that mother has…