IN RE MARRIAGE OF SCONCE

DO0445CU; A147616.

274 P.3d 303 (2012)

249 Or. App. 152

In the Matter of the MARRIAGE OF Kelly R. SCONCE, Petitioner-Respondent, and Bree D. SWEET, Respondent-Appellant.

Court of Appeals of Oregon.

Decided March 28, 2012.


Attorney(s) appearing for the Case

George W. Kelly , Eugene, argued the cause and filed the briefs for appellant.

Sarah Peterson argued the cause and filed the brief for respondent.

Before HASELTON, Presiding Judge, and ARMSTRONG, Judge, and HADLOCK, Judge.


HADLOCK, J.

This custody-modification case underscores the importance of the change-in-circumstances determination that is a necessary predicate to an order that shifts custody of a child from one parent to the other. In this case, mother had custody of the parties' son from his birth in 1999 until late 2010, when the trial court granted father's motion to change custody. Because we agree with mother's contention that father did not prove that "there [had] been a...

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