KLEINSASSER v. LOPES

105739D9; A149733.

333 P.3d 1239 (2014)

265 Or. App. 195

In the Matter of E. K. K., a Minor Child. Rachel Gayle KLEINSASSER, Petitioner-Respondent, and Megan Ann LOPES, Respondent-Appellant.

Court of Appeals of Oregon.

Decided August 27, 2014.


Attorney(s) appearing for the Case

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

Clayton C. Patrick , Clatskanie, argued the cause and filed the brief for respondent.

Before ARMSTRONG, Presiding Judge, and NAKAMOTO, Judge, and EGAN, Judge.


NAKAMOTO, J.

This is a child custody proceeding brought by stepmother against mother in the wake of the illness and death of the child's father. When his father died, the child, E, was seven years old and had lived with his father and stepmother for four years. Because stepmother had a parental relationship with E, the trial court was called on to decide whether stepmother had rebutted the presumption provided in ORS 109.119(2)(a) that mother, the legal parent, "acts...

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