Teel-King, Matter of Marriage of, TEEL-KING
| Court | Court of Appeals of Oregon |
| Writing for the Court | LEESON |
| Citation | 944 P.2d 323,149 Or.App. 426 |
| Parties | In the Matter of the MARRIAGE OF Sabrina, nka Sabrina Teel-Tedford, Appellant, and Jeffrey Alan King, Respondent. 94-; CA A94980. |
| Decision Date | 06 August 1997 |
| Docket Number | TEEL-KING,DO-0439-ST |
Page 323
Sabrina Teel-Tedford, Appellant,
and
Jeffrey Alan King, Respondent.
Decided Aug. 6, 1997.
Page 324
Margaret H. Leek Leiberan, Aloha, argued the cause for appellant. With her on the brief were Leiberan & Gazeley, Jonathan R. Duerst and Duerst & Springer.
Steven K. Chappell, Princeville, argued the cause and filed the brief for respondent.
Before RIGGS, P.J., and LANDAU and LEESON, JJ.
[149 Or.App. 428] LEESON, Judge.
Mother appeals a judgment that modifies a dissolution judgment, terminates her sole custody and awards sole custody of the parties' child to father. She contends that the trial court erred in holding that the best interests of the child are served by the change in custody, without first determining that there was a change of circumstances. On de novo review, ORS 19.125(3), we reverse and remand.
In 1995, the trial court entered a judgment dissolving the parties' marriage. That judgment awarded sole legal and physical custody of the child to mother and gave father visitation in the amount of 45 percent of overnight time. The judgment further provided that
"[w]hen the minor child begins kindergarten in September, 1996, the parties shall re-evaluate this visitation arrangement and shall use mediation * * * to resolve any differences concerning [father's] future visitation with the minor child."
Page 325
Father did not appeal the custody or visitation provisions of the judgment. For the purposes of calculating child support, mother and father have "shared physical custody," because father's visitation is greater than 35 percent. OAR 137-50-450.
In December 1995, mother informed father that she was going to remarry and move from Bend, Oregon, to Bellevue, Washington. She proposed that visitation continue unchanged until September 1996. In January 1996, father filed an ex parte action that was treated as a motion for modification of the judgment, requesting that custody of the child be awarded to him. Mother remarried in February 1996, moved to Bellevue, and reorganized her Bend business affairs so that she could work primarily out of Bellevue. In August 1996, after resolution of a child support and property division appeal filed by father, In Matter of Marriage of Teel-King, 142 Or.App. 595, 922 P.2d 730 (1996), a hearing was held on father's motion to modify. The trial court compared the proposed visitation schedules submitted by mother and father and concluded that father's proposed visitation schedule--which required mother to travel to Bend on a regular basis--[149 Or.App. 429] allowed the parents closer-to-equal access to the child and was in the child's best interests. The trial court found that both parents are competent, but awarded sole custody of the child to father, reasoning that it is important to "promote each parent having substantial[ly] equal access and time with [the child]." The trial court granted mother a stay of the judgment, on the condition that mother return with the child to Bend pending the appeal.
Mother argues that the trial court erred in modifying custody "without making any finding that there was a change of circumstances." We understand her argument to mean that the trial...
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In re Johnson, A167235
...129 S.Ct. 47, 172 L.Ed.2d 23 (2008). The change must be both unanticipated and material to the child's welfare. Teel-King and King , 149 Or. App. 426, 429-30, 944 P.2d 323 (1997), rev. den. , 327 Or. 82, 961 P.2d 216 (1998). If a change of circumstances is proved, then, second, the court mu......
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MARRIAGE OF O'DONNELL-LAMONT
...Peil, 183 Or.App. 12, 21, 51 P.3d 607 (2002) (one purpose of change of circumstances rule is to promote stability); Teel-King and King, 149 Or.App. 426, 430, 944 P.2d 323 (1997), rev. den., 327 Or. 82, 961 P.2d 216 (1998) (same). These parties have litigated the custody of the children for ......
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MATTER OF MARRIAGE OF DILLARD
...for custody modification purposes, events must be unanticipated and must have arisen since the last order. Teel-King and King, 149 Or.App. 426, 429-30, 944 P.2d 323 (1997). Only if the moving party demonstrates a substantial change of circumstances does a court engage in the second step of ......
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Dewolfe v. Miller, DR99-01-540.
...the evidence that was or should have been before the court at the time of the earlier custody determination. In Teel-King and King, 149 Or.App. 426, 944 P.2d 323 (1997), rev. den., 327 Or. 82, 961 P.2d 216 (1998), the father sought to change custody after the mother moved and the child star......
-
In re Johnson, A167235
...129 S.Ct. 47, 172 L.Ed.2d 23 (2008). The change must be both unanticipated and material to the child's welfare. Teel-King and King , 149 Or. App. 426, 429-30, 944 P.2d 323 (1997), rev. den. , 327 Or. 82, 961 P.2d 216 (1998). If a change of circumstances is proved, then, second, the court mu......
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MARRIAGE OF O'DONNELL-LAMONT
...Peil, 183 Or.App. 12, 21, 51 P.3d 607 (2002) (one purpose of change of circumstances rule is to promote stability); Teel-King and King, 149 Or.App. 426, 430, 944 P.2d 323 (1997), rev. den., 327 Or. 82, 961 P.2d 216 (1998) (same). These parties have litigated the custody of the children for ......
-
MATTER OF MARRIAGE OF DILLARD
...for custody modification purposes, events must be unanticipated and must have arisen since the last order. Teel-King and King, 149 Or.App. 426, 429-30, 944 P.2d 323 (1997). Only if the moving party demonstrates a substantial change of circumstances does a court engage in the second step of ......
-
Dewolfe v. Miller, DR99-01-540.
...the evidence that was or should have been before the court at the time of the earlier custody determination. In Teel-King and King, 149 Or.App. 426, 944 P.2d 323 (1997), rev. den., 327 Or. 82, 961 P.2d 216 (1998), the father sought to change custody after the mother moved and the child star......