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IN RE MARRIAGE OF L.

526 P.2d 491 (1974)

In the matter of the Dissolution of the MARRIAGE OF L, Respondent, and L, Appellant.

Court of Appeals of Oregon.

Decided September 23, 1974.

Attorney(s) appearing for the Case

Henry Kane, Beaverton, argued the cause for appellant. With him on the brief was John O. Denman, Portland.

Eugene L. Parker, Portland, argued the cause for respondent. With him on the brief was F.R. Cornilles, Portland.

Before SCHWAB, C.J., and FOLEY and TANZER, JJ.

TANZER, Judge.

Respondent-wife appeals that portion of a divorce decree which awards to the petitioner-husband the custody of their children.

The award of child custody is not a reward for virtue and its denial is not a punishment for wrongdoing. As between contesting parents, both of whom are frequently incapable of living successfully within a marital union, the award of custody is seldom a clear choice between good and evil or between one parent who is...

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