In re the Marriage of Smith

I disagree with the majority opinion which reverses the trial court’s decision changing custody of the daughter from the father to the mother.

In Remillard and Remillard, 30 Or App 1111, 1114, 569 P2d 651 (1977), we stated:

"The Supreme Court in Greisamer and Greisamer, 276 Or 397, 555 P2d 28 (1976), set forth two essential requirements in deciding if a change of custody is warranted. The parent seeking a change in custody must show that subsequent to the last custody modification the capacity of either parent to properly care for the child has changed. And, considering all the circumstances,…