Renton v. Webber

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Family Law
  • Date Filed: 02-24-2016
  • Case #: A153948
  • Judge(s)/Court Below: Per Curiam; Sercombe, P.J.; Tookey, J.; DeHoog, J.

In order for a court to reconsider a custody determination, a party must file a motion to modify the judgment in light of new information under ORS 107.135. That motion must show that (1) circumstances have changed substantially since the original judgment or last custody order; and (2) it is in the child's best interest to change custody from the legal custodian to the moving party.

Mother appealed a judgment awarding custody of her daughter to Father. The Court held that Mother failed to identify a claim of error, and that she failed to file a motion to modify the trial court's judgment based on new information unavailable at trial, thereby failing to meet the standards laid out in ORS 107.135. Affirmed.

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