Opinion
79-3-134; CA A34376
Argued and submitted October 7, 1985.
Decree modified, remanded for further proceedings April 2, 1986. Reconsideration denied May 23, 1986. Petition for review denied June 17, 1986 ( 301 Or. 240).
Appeal from Circuit Court, Clackamas County, Charles A. Sams, Judge.
Ronald I. Gevurtz, Portland, argued the cause for appellant. With him on the brief were Gevurtz Menashe, Robert K. Udziela and Pozzi, Wilson, Atchison, O'Leary Conboy, Portland.
Nancy Tauman, Oregon City, argued the cause for respondent. With her on the brief was Hibbard, Caldwell, Bowerman, Schultz Hergert, Oregon City.
Before Gillette, Presiding Judge Pro Tempore, Joseph, Chief Judge, and Van Hoomissen, Judge.
PER CURIAM
Decree modified; custody awarded to father; remanded for further proceedings. Costs to appellant.
Van Hoomissen, J., dissenting.
On de novo review, we determine that the best interests of the children dictate that they be placed in permanent custody of the father. The trial court's decree is modified accordingly. The matter is remanded for determination of visitation and support, if any.
Decree modified; custody of children awarded to father; remanded for further proceedings. Costs to appellant.
Giving proper deference to the trial judge's opportunity to see and hear the witnesses, on de novo review I would affirm his ruling. Therefore, I respectfully dissent.
See Meier and Meier, 286 Or. 437, 445-46, 595 P.2d 474 (1979); Settle and Settle, 276 Or. 759, 772, 556 P.2d 962 (1976); Bennehoff and Bennehoff, 209 Or. 224, 225, 304 P.2d 1079 (1956); McFadden v. McFadden, 206 Or. 253, 257, 292 P.2d 795 (1956); Rea v. Rea, 195 Or. 252, 261, 245 P.2d 884 (1952); Moe and Moe, 66 Or. App. 947, 949, 676 P.2d 336 (1984); Elgin and Elgin, 58 Or. App. 94, 98, 647 P.2d 941 (1982); Browne and Browne, 30 Or. App. 213, 215, 566 P.2d 555 (1977); Starin and Starin, 29 Or. App. 557, 559, 564 P.2d 748 (1977); McCoy and McCoy, 28 Or. App. 919, 923-24, 562 P.2d 207, modified on other grounds 29 Or. App. 287, 563 P.2d 738 (1977).