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STATE v. WOODEN

C931973DR and J990097; A111860

57 P.3d 583 (2002)

184 Or.App. 537

STATE of Oregon and Kristin Mayri Emerson, Petitioners, v. De'Onn Wardell WOODEN, Respondent. In the Matter of Dreydon De'Onn Emerson, a Minor Child. De'Onn Wardell Wooden, Appellant, v. Arthur G. Emerson and Jessie R. Emerson, Respondents.

Court of Appeals of Oregon.

Resubmitted July 17, 2002.

Decided October 30, 2002.

Attorney(s) appearing for the Case

William R. Long, Portland, argued the cause for appellant. With him on the briefs was Stoel Rives LLP.

John Chally, Portland, argued the cause for respondents. With him on the brief were Sandra Hodgson and Bouneff & Chally.

Kathy Graham, pro se, filed a brief amicus curiae.

Before DEITS, Chief Judge, and EDMONDS, LANDAU, HASELTON, ARMSTRONG, LINDER, WOLLHEIM, KISTLER, BREWER, and SCHUMAN, Judges.

Resubmitted En Banc July 17, 2002.

LANDAU, J.

Father appeals a judgment awarding custody of his child (child) to the child's maternal grandparents (grandparents). He argues that the court erred in applying a "best interest of the child" standard. According to father, recent cases replace that standard with one that requires his interests to be given significant weight, amounting to a rebuttable presumption in his favor. That presumption, he argues, has not...

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