Marriage of Pergament, Matter of
| Citation | 559 P.2d 942,28 Or.App. 459 |
| Parties | In the Matter of the MARRIAGE OF Rebecca PERGAMENT, Appellant, and Howard Allan Pergament, Respondent. |
| Decision Date | 08 February 1977 |
| Court | Court of Appeals of Oregon |
William J. Stater, Certified Law Student, Eugene, argued the cause for appellant. With him on the brief was William E. Simons, Lane County Legal Aid Service, Eugene.
Douglas L. Melevin, Eugene, argued the cause and filed the brief for respondent.
Before SCHWAB, C.J., and THORNTON and RICHARDSON, JJ.
Mother appeals from that portion of an order modifying a dissolution decree which allowed the father a two month visitation each summer and terminated child support payments to her during the summer visits.
By default decree of dissolution in 1974, the mother had obtained custody of the boy, who is now four years old, subject to 'reasonable visitation' by the father. The father was ordered to pay $100 per month child support, however, by agreement with the Welfare Recovery Division, he has been paying only $40 per month. The mother, a full-time community college student, is a welfare recipient. The father is attending graduate school and working at a small all night market. Both parties presently live in the Eugene, Oregon, area.
In his motion, father asked for visitation of two days per week, one week during Thanksgiving vacation and three months during the summer, as he calculated, approximately 180 days per year. During the 12 months preceding the motion to modify the decree, father had had visitation for approximately 100 days. The visits were usually of short duration with few overnight or extended visits. Mother, during the hearing, stipulated the child could visit his father two days per week with overnight privileges. The principal area of controversy is the extended summer visitation.
Mother makes essentially two contentions. First, the father failed to establish sufficient change of circumstances justifying modification of visitation rights. Second, he failed to establish a change in visitation would be in the best interest of the child.
The decree provided for reasonable visitation. The parties had no specific agreement as to times and it appears the visitations were sporadic and many times based upon the needs of the mother to have father babysit with the child. When the parties are unable to agree as to what are reasonable visitation rights the court must decide. Both parents suggested a schedule and being unable to agree the trial court must resolve the controversy by specifying the visitation schedule. This does not involve a modification of the decree requiring proof of a change of circumstances as that rule has developed in dissolution cases.
In dealing with a child of a dissolved marriage ...
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