Gomez and Gomez

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Family Law
  • Date Filed: 03-19-2014
  • Case #: A152835
  • Judge(s)/Court Below: Tookey, P.J.; Sercombe, J.; and Hadlock, J.
  • Full Text Opinion

In awarding child custody, a court must first determine what party is entitled the statutory preference in favor of the primary caregiver under ORS 107.137(1).

Mother appeals judgment of dissolution which awarded custody of the children to their father. On appeal, the mother argued that the trial court improperly applied ORS 107.137(1). This statute lays out the factors that a trial court shall consider when determining custody of a minor child. The trial court erred because it failed to determine which party was entitled to the statutory preference in favor of the primary caregiver. Since the trial court failed to determine who was entitled to this statutory preference, it also erred in balancing that factor against the other factors in the statute. Custody and child support awards vacated and remanded; otherwise affirmed.

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