From Casetext: Smarter Legal Research

Matter of the Marriage of Muffet

Oregon Court of Appeals
Sep 13, 1983
671 P.2d 118 (Or. Ct. App. 1983)

Opinion

80-2050; CA A26916

Reconsideration filed September 13, 1983 Reconsideration allowed; former opinion filed August 10, 1983 ( 64 Or. App. 339, 668 P.2d 491) Modified and case remanded November 2, 1983

Appeal from Circuit Court, Coos County.

Robert F. Walberg, Judge.

David A. Dorsey, Coos Bay, for petition.

Before Buttler, Presiding Judge, and Warren and Rossman, Judges.

PER CURIAM

Petition granted; former opinion modified and case remanded.


On father's petition for reconsideration, we are persuaded that the fact that both parents seek to modify the original decree granting joint custody of their children to mother and father, each of whom now seek sole custody, constitutes a substantial change of circumstances requiring a modification of the child custody provisions of the original decree. See Heinel and Kessel, 55 Or. App. 275, 637 P.2d 1313 (1981). Because the trial court found no substantial change of circumstances, it did not consider in what respect the custody provisions of the decree should be modified. That court is in the best position to make the initial determination in change of custody cases; accordingly, we remand the case to the trial court to decide whether mother or father should be given custody of the twin boys of the parties. Father does not seek custody of the parties' daughter.

Petition granted; former opinion modified and case remanded.


Summaries of

Matter of the Marriage of Muffet

Oregon Court of Appeals
Sep 13, 1983
671 P.2d 118 (Or. Ct. App. 1983)
Case details for

Matter of the Marriage of Muffet

Case Details

Full title:In the Matter of the Marriage of MUFFET, Respondent, and MUFFET, Appellant

Court:Oregon Court of Appeals

Date published: Sep 13, 1983

Citations

671 P.2d 118 (Or. Ct. App. 1983)
671 P.2d 118

Citing Cases

Matter of Marriage of Wittke

In view of father's move to Utah and the resulting conflict between the parties, it is improbable that they…

Martin and Martin

When either or both parties seek termination of a joint custody award, that indicates, fairly strongly, that…