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Honer v. Honer

Oregon Court of Appeals
Apr 22, 1992
828 P.2d 1063 (Or. Ct. App. 1992)

Opinion

88C-30863; CA A71685

Argued and submitted March 16, 1992

Reversed and remanded April 22, 1992

Appeal from Circuit Court, Marion County.

Duane R. Ertsgaard, Judge.

Dora L. Lutz, Salem, argued the cause for appellant. With her on the brief were Timothy B. O'Neill and O'Neill, Evans, Swogger Cowan, Salem.

Loren W. Collins, Salem, argued the cause and filed the brief for respondent.

Before Buttler, Presiding Judge, and Rossman and De Muniz, Judges.


PER CURIAM

Reversed and remanded for proceedings not inconsistent with this opinion. No costs to either party.


In this custody modification proceeding, we conclude that the trial court appropriately terminated joint custody. See Wittke and Wittke, 85 Or. App. 623, 738 P.2d 206, rev den 304 Or. 279 (1987). When it did that, it became necessary to decide which parent should be awarded sole custody of the child, determined by the best interests of the child. Without taking evidence on that question, the court awarded sole custody to mother, and father appeals. We reverse and remand. Stevens and Stevens, 107 Or. App. 137, 141, 810 P.2d 1334, rev den 312 Or. 81 (1991).

Reversed and remanded for proceedings not inconsistent with this opinion. No costs to either party.


Summaries of

Honer v. Honer

Oregon Court of Appeals
Apr 22, 1992
828 P.2d 1063 (Or. Ct. App. 1992)
Case details for

Honer v. Honer

Case Details

Full title:In the Matter of the Marriage of Brenda Joy HONER, nka Brenda Joy…

Court:Oregon Court of Appeals

Date published: Apr 22, 1992

Citations

828 P.2d 1063 (Or. Ct. App. 1992)
828 P.2d 1063