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UNDERWOOD v. MALLORY

04DR0876; A144622.

297 P.3d 508 (2013)

255 Or. App. 183

Robert M. UNDERWOOD and Sherry Diane Underwood, Petitioners-Respondents, v. Crystal D. MALLORY, nka Crystal D. Scott, Respondent-Appellant.

Court of Appeals of Oregon.

Decided February 13, 2013.

Attorney(s) appearing for the Case

Joan-Marie Michelsen argued the cause for appellant. With her on the briefs was The Oregon Law Center.

Inge D. Wells , Senior Assistant Attorney General, argued the cause amicus curiae for the State of Oregon. With her on the brief were John R. Kroger , Attorney General, and Mary H. Williams , Solicitor General.

No appearance for respondents.

Before ARMSTRONG, Presiding Judge, and HASELTON, Chief Judge, and DUNCAN, Judge.

HASELTON, C.J.

Mother appeals a denial of her motion to modify an award of custody of her child, M, from her father and stepmother (grandparents) to her. She asserts that the trial court erroneously applied ORS 109.119(2)(c) to this proceeding or, alternatively, if the court properly applied ORS 109.119(2)(c), that statute is unconstitutional as applied to this circumstance.1 She further argues that

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