MIDDLETON v. CHANEY

97-DR-1197; A108878.

34 P.3d 722 (2001)

177 Or. App. 679

Gary Lee MIDDLETON, Appellant, v. Mary Jean CHANEY, aka Jeannie M. Chaney, Jerry Cummings and Patricia Cummings, Respondents. In the Matter of the Guardianship of Brad Lee Middleton, Ward.

Court of Appeals of Oregon.

Decided October 31, 2001.


Attorney(s) appearing for the Case

Ryan S. Joslin argued the cause for appellant. With him on the briefs was Kilpatricks Lawyers.

James M. Brown, Salem, argued the cause for respondents Jerry and Patricia Cummings, Portland. With him on the brief was Enfield Brown Collins Knivila & Cook.

No appearance for respondent Mary Jean Chaney, aka Jeannie M. Chaney.

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


SCHUMAN, J.

This appeal arises from guardianship and child custody proceedings that were consolidated for trial. The trial court denied father's petition for custody of his biological child and ordered that the child continue indefinitely under the guardianship of mother's uncle and his wife (respondents).1 Father appeals. We reverse and remand.

Child was born on July 2, 1990. Father and mother were not married, but father had...

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