DeWOLFE v. MILLER

DR99-01-540; A125560.

145 P.3d 338 (2006)

208 Or. App. 726

Richard J. DeWOLFE, Appellant, v. Kelly Marie MILLER, Respondent.

Court of Appeals of Oregon.

Decided October 18, 2006.


Attorney(s) appearing for the Case

Philip F. Schuster, II, Portland, argued the cause for appellant. With him on the briefs was Dierking & Schuster.

Camaron R. Vallepalli, Portland, argued the cause for respondent. With her on the brief was Johnson Renshaw & Lechman-Su PC.

Before LANDAU, Presiding Judge, and ORTEGA, Judge, and BREITHAUPT, Judge pro tempore.


ORTEGA, J.

Father appeals from the trial court's judgment denying his motion for a change in custody of the parties' then-five-year-old son. We review de novo, ORS 19.415(3), and conclude that the significant current harm and risk of increased harm to child arising from mother's newly diagnosed personality disorder constitute a substantial change in circumstances concerning mother's capacity to parent child. Accordingly, we reverse and remand for entry of a...

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