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MATTER OF MARRIAGE OF VAN DRIESCHE

15-01-17092; A118214.

95 P.3d 262 (2004)

194 Or.App. 475

In the Matter of the MARRIAGE OF David Patrick VAN DRIESCHE, Respondent, and Melissa Dawn Van Driesche, Appellant.

Court of Appeals of Oregon.

Decided August 4, 2004.

Attorney(s) appearing for the Case

James A. Palmer, Eugene, argued the cause and filed the brief for appellant.

John Svoboda, Eugene, argued the cause and filed the brief for respondent.

Before HASELTON, Presiding Judge, and LINDER and ORTEGA, Judges.

ORTEGA, J.

In the context of a marital dissolution proceeding, the trial court awarded stepfather, petitioner below, substantial parenting time with child over mother's objection. Mother appeals, contending that the trial court erred in determining under ORS 109.119 that stepfather rebutted the presumption that the legal parent acts in the best interest of the child. We agree with mother and reverse.

On de novo review, ORS 19.415(3) (2001),

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