In re the Dissolution of the Marriage of Hastings

523 P.2d 569, 17 Or. App. 548, 1974 Ore. App. LEXIS 1126
CourtCourt of Appeals of Oregon
DecidedJune 11, 1974
DocketNo. 375-427
StatusPublished
Cited by2 cases

This text of 523 P.2d 569 (In re the Dissolution of the Marriage of Hastings) is published on Counsel Stack Legal Research, covering Court of Appeals of Oregon primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re the Dissolution of the Marriage of Hastings, 523 P.2d 569, 17 Or. App. 548, 1974 Ore. App. LEXIS 1126 (Or. Ct. App. 1974).

Opinion

FORT, J.

This is an appeal by the father from an order denying his motion for change of custody of his son, Robert.

The boy was born January 23, 1968. At that time, the mother was married to one Rost, from whom she was divorced in August 1968. She married Clyde Gerald Hastings, appellant herein, on October 31,1968.

The record shows that the mother, in her petition for dissolution of the marriage filed December 7, 1971, alleged there were no children bom of the marriage. Appellant father filed an answer alleging that he was the father of Robert. The court so found and awarded him temporary custody of the boy, but in the final order gave custody to the mother. No appeal was taken. Mrs. Hastings was then 26 years old and Clyde Hastings was 43.

Immediately following the 60-day waiting period, Mrs. Hastings remarried, this time to her stepson, David Hastings, the son of appellant herein. At the time of the dissolution of her first Hastings marriage on August 23, 1972, Mrs. Hastings was pregnant. It is admitted that the father of this child was her stepson, David Hastings. That baby was born October 5, 1972. She and David were married three weeks later. David Hastings thus became the stepfather of his half-brother, Robert.

[550]*550During the 60-day waiting period, Clyde Hastings sought modification of the dissolution order of his marriage to Mrs. Hastings to gain custody of Robert on the ground that his former wife, with Robert, was living with his son David in a meretricious relationship. Although the court ordered that Mrs. Hastings might not reside with David Hastings until their marriage could take place, it refused to modify the order and left Robert with his mother. There was no appeal.

During the course of that proceeding, we note that the trial judge, on September 5, 1972, entered an order bolding Mrs. Hastings in contempt for “wilfully withholding * * * [Robert] beyond the established visitation period” and directed “that a warrant should issue for her arrest.”

On April 10, 1973, the father again filed a motion to modify the order of dissolution by transferring custody of Robert to him because:

“# * * On the occassions [sic] of the last three visitation periods with my son, the minor child of the parties hereto, I became aware of bruises, scrapes, scars and other signs of battering on his body, showing evidence of being abused.”

The trial court denied the motion on May 30, 1973, but provided in its order as follows:

U# # # # *
“2. The mother of Bobby Hastings and step father, David Hastings, are hereby directed to contact the child guidance clinic directed by Dr. Carl Morrison and make arrangements for parental guidance classes involving themselves and the child.
* # # # »

On August 7, 1973, the father, Clyde Hastings, again sought modification of the dissolution order [551]*551by appropriate motion and affidavit.

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Related

Hostrop v. Board of Junior College District No. 515
425 U.S. 963 (Supreme Court, 1976)
In re the Dissolution of the Marriage of Smith
543 P.2d 313 (Court of Appeals of Oregon, 1975)

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Bluebook (online)
523 P.2d 569, 17 Or. App. 548, 1974 Ore. App. LEXIS 1126, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-dissolution-of-the-marriage-of-hastings-orctapp-1974.