In re the Marriage of Richmond

Father moved to modify a dissolution of marriage judgment to terminate joint custody and award him sole custody of the parties’ son. The trial court granted mother’s motion to dismiss father’s motion under ORCP 21A. Father appeals, and we reverse.

The trial court apparently dismissed on the ground that father’s motion did not allege sufficient facts to show a change of circumstances justifying modification of the judgment. The basis of mother’s motion to dismiss and of her argument on appeal is that she has had sole custody of their son and father has not alleged a basis for modification of…