Weems v. Winn

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Family Law
  • Date Filed: 08-12-2015
  • Case #: A155594
  • Judge(s)/Court Below: Duncan, P.J. for the Court; Lagesen, J.; & Flynn, J.
  • Full Text Opinion

A trial court must follow the statutory methodology in ORS 107.137 in determining child custody.

Weems appealed a trial court judgment awarding custody of her child to the father claiming that the trial court failed to follow the statutory methodology laid out in ORS 107.137. The trial court made few factual findings and the findings it did make did not follow the guidelines laid out in the statute. The trial court relied too heavily on the lifestyle factors of the mother, without determining whether these factors "would likely endanger the health, safety, or welfare of the child." The Court held that the trial court must follow the methodology laid out in ORS 107.137 and make "factual findings that that may be dependent on the court's assessment of the parties' credibility." Vacated and remanded.

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