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IN RE MARRIAGE OF EPLER

(CC 04C33678; CA A148643; SC S061818).

341 P.3d 742 (2014)

356 Or. 624

In the Matter of the MARRIAGE OF John Paul EPLER, Respondent on Review, and Andrea Michelle Epler, nka Andrea Michelle Walker, Petitioner on Review.

Supreme Court of Oregon, En Banc.

Decided December 26, 2014.

Attorney(s) appearing for the Case

Richard F. Alway , Salem, argued the cause and filed the briefs for petitioner on review. With him on the briefs was Philip F. Schuster, II , Portland.

Mark Kramer , Kramer and Associates, Portland, argued the cause and filed the brief for respondent on review. With him on the brief were Pete Meyers and Graham C. Parks , Certified Law Student.

Katelyn B. Randall , Portland, and Robin J. Selig , Portland, filed the brief on behalf of amici curiae Legal Aid Services of Oregon and Oregon Law Center.

The issues presented in this case are (1) whether the legal presumption described in Troxel v. Granville, 530 U.S. 57, 120 S.Ct. 2054, 147 L.Ed.2d 49 (2000) (plurality opinion), that a fit parent acts in the best interests of her child, applies to a modification proceeding in which petitioner (mother...

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