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Oregon Court of Appeals


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Turner and Muller

Summarized by: 

Date Filed: 08-15-2012
Case #: A148663
Duncan, J. for the Court; Armstrong, P.J.; and Brewer, J.
Full Text Opinion: http://www.publications.ojd.state.or.us/Publications/A148663.pdf

Family Law: When a parenting plan constitutes a de facto change in custody, absent a motion for change of custody, the Court can exercise its discretion to review that issue de novo and establish a compliant parenting plan.

Mother appealed following a modification entered following the Court of Appeals; decision in Turner I granting Mother custody of the parties' minor daughter. On remand, the trial court entered a judgment awarding custody to Mother, granted Father parenting time from Sunday to Friday, one weekend a month, two weeks during the summer, and that child should be picked up at Father's house. Father could claim child as a dependent for tax purposes and each parent must get life support with daughter as beneficiary. On appeal, the Court held that this parenting plan changed custody of the child in direct contravention to their controlling decision, and that the trial court abused its discretion in approving it and the Court would review the issue de novo. The Court ordered the standard parenting time schedule in SLR 8.075 with a modification due to the distance between the parties homes. Moreover because Father is the noncustodial parent, he is to pick up child to begin the visit, and Mother is to pick up the child at the end of the visit. Mother did not preserve an objection that Turner receive the tax deduction. Lastly, the Court remanded to recalculate Turner’s child support obligation to comply with SLR 8.075. Reversed and remanded as to SLR 8.075.