NEWTON v. THOMAS

990600; A109008

33 P.3d 1056 (2001)

177 Or. App. 670

Mitchell D. NEWTON and Darlene Newton, Respondents, v. Randy Glen THOMAS, Respondent Below, and Tina Thomas, Appellant.

Court of Appeals of Oregon.

Decided October 31, 2001.


Attorney(s) appearing for the Case

Lorena Reynolds argued the cause for appellant. With her on the brief was Legal Aid Services of Oregon.

No appearance for respondents Mitchell D. Newton and Darlene Newton.

Before LANDAU, Presiding Judge, and BREWER and SCHUMAN, Judges.


SCHUMAN, J.

The trial court resolved this custody dispute between mother and child's paternal grandparents in favor of the grandparents, based on its finding that this resolution was in child's best interest. On appeal, mother argues that the court inaccurately determined the child's best interest. She also argues that the statute authorizing the court to award custody to a nonparent instead of a biological parent if doing so is "in the best interest of the child...

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