IN THE MATTER OF MARRIAGE OF JACOBSON AND JACOBSON

87047; CA A36935.

735 P.2d 627 (1987)

84 Or.App. 704

In the matter of the Marriage of Kristine Kay JACOBSON, Appellant, AND Gary Zane Jacobson, Respondent.

Court of Appeals of Oregon, In Banc.

Resubmitted December 9, 1986.

Decided April 15, 1987.


Attorney(s) appearing for the Case

Ronald E. Hergert, Oregon City, argued the cause for appellant. With him on the brief was Hibbard, Caldwell, Bowerman, Schultz & Hergert, Oregon City.

Clayton C. Patrick, Salem, argued the cause for respondent. With him on the brief was J. David Coughlin, Baker.


VAN HOOMISSEN, Judge.

Mother appeals from a trial court's order denying her motion to "retain" custody of the parties' child. The dispositive issue is whether the automatic change of custody provision in the parties' 1975 dissolution judgment is enforceable. We conclude that it is not and that the trial court erred in changing custody from mother to father. Accordingly, we reverse.

The custody provision of the parties' 1975 stipulated dissolution judgment...

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