In re Marriage of Honer

Court of Appeals of Oregon

In re Marriage of Honer

828 P.2d 1063, 112 Or. App. 642, 1992 Ore. App. LEXIS 773

Court of Appeals of Oregon·Decided April 22, 1992·No. 88C-30863; CA A71685·Published

Opinion

PER CURIAM

In this custody modification proceeding, we conclude that the trial court appropriately terminated joint custody. See Wittke and Wittke, 85 Or App 623, 738 P2d 206, rev den 304 Or 279 (1987). When it did that, it became necessary to decide which parent should he awarded sole custody of the child, determined by the best interests of the child. Without taking evidence on that question, the court awarded sole custody to mother, and father appeals. We reverse and remand. Stevens and Stevens, 107 Or App 137, 141, 810 P2d 1334, rev den 312 Or 81 (1991).

Reversed and remanded for proceedings not inconsistent with this opinion. No costs to either party. .

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PER CURIAM

In this custody modification proceeding, we conclude that the trial court appropriately terminated joint custody. See Wittke and Wittke, 85 Or App 623, 738 P2d 206, rev den 304 Or 279 (1987). When it did that, it became necessary to decide which parent should he awarded sole custody of the child, determined by the best interests of the child. Without taking evidence on that question, the court awarded sole custody to mother, and father appeals. We reverse and remand. Stevens and Stevens, 107 Or App 137, 141, 810 P2d 1334, rev den 312 Or 81 (1991).

Reversed and remanded for proceedings not inconsistent with this opinion. No costs to either party. .

In re Marriage of Honer, 828 P.2d 1063, 112 Or. App. 642, 1992 Ore. App. LEXIS 773 (Or. Ct. App. 1992).

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