Henretty v. Lewis

509 P.3d 701 (2022)

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Nature of the Case

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Facts

M and F ended their romantic relationship when J was three years old, and, in the same month that J turned four years old, the trial court granted custody of J to F, with parenting time to M. The trial court recognized that its decision was governed by ORS 107.137. which identifies six factors that 'the court shall consider' in determining a child's best interests for purposes of deciding custody: (a) the emotional ties between the child and other family members; (b) the parties' interest in and attitude toward the child; (c) the desirability of continuing an existing relationship; (d) one parent's abuse of the other parent; (e) 'the preference for the primary caregiver of the child, if the caregiver is deemed fit by the court'; and (f) each parent's willingness and ability to facilitate and encourage a close and continuing relationship between the child and the other parent. The court concluded that most of the factors were a wash. It held that the 'only factor that tips the scale for the court' was J's emotional ties with F's family members in California, which favored F in that F had moved back to California after the parties' separation. M had remained in Oregon The court later suggested that the sixth factor, regarding each parent encouraging J's relationship with the other parent, might also favor F to a 'slight' degree. The court granted 'sole legal and physical custody' of J to F, with parenting time to M.