FENIMORE v. SMITH

95-CV-0334-MS; CA A91534.

930 P.2d 892 (1996)

145 Or. App. 501

In the Matter of Kerri Michele Smith, a Minor. J. Randall FENIMORE, Appellant, v. Michael SMITH, Respondent.

Court of Appeals of Oregon.

Decided December 31, 1996.


Attorney(s) appearing for the Case

Mark A. Johnson, Portland, argued the cause for appellant. With him on the brief was Findling & Johnson.

Steven K. Chappell, Prineville, argued the cause and filed the brief for respondent.

C.H. Gardner, Bend, argued the cause and filed the brief for child.

Before DEITS, P.J., and De MUNIZ and HASELTON, JJ.


De MUNIZ, Judge.

Petitioner-appellant Randy Fenimore is the stepfather of child Kerri Smith. Respondent Michael Smith is the natural father of child. Following the death of child's mother in February 1995, stepfather brought this action under ORS 109.119,1 seeking custody of child. The trial court dismissed the action for lack of jurisdiction under the Uniform Child Custody Jurisdiction Act (UCCJA). ORS 109.700 et seq.

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