MATTER OF MARRIAGE OF JOHNSON

92DM0752; CA A99381.

962 P.2d 752 (1998)

154 Or. App. 560

In the Matter of the MARRIAGE OF Cindy J. JOHNSON, Appellant, and Barry L.J. Johnson, Respondent.

Court of Appeals of Oregon.

Decided June 24, 1998.


Attorney(s) appearing for the Case

Robert E. Brasch, North Bend, argued the cause for appellant. With him on the brief was Brasch & Bauder.

C. Sean Stephens, Portland, argued the cause and filed the brief for respondent.

Before EDMONDS, P.J., and ARMSTRONG and LINDER, JJ.


EDMONDS, Presiding Judge.

This is a custody modification proceeding. ORS 107.135(1)(a). The trial court changed custody of Jordan, age 10, and Miriah, age 8, from mother to father, and mother appeals. On de novo review, ORS 19.415(3), we reverse.

The trial court found:

"At the time of the decree, [father] testified he had a drug and alcohol problem. He had told [mother] he would not contest the dissolution and believed he would be granted reasonable...

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