Court of Appeals Case Law: Change of Custody

After a divorce or custody case, parents often find themselves in the situation where a modification of custody is necessary. Generally a modification requires a showing that there has been a substantial change in circumstances since the last determination of custody, and that the change is in the child’s best interests.

In Buxton v. Storm, the Court of Appeals determined that the increased conflict between the parties, and the effect of that conflict on the child, qualified as a change in circumstances sufficient to modify custody. The record reflected that the case between the parties was highly litigious. Mother had repeatedly accused Father of serious crimes, but all accusations proved unfounded. Mother repeatedly excluded Father from participating in various medical and psychological interventions to treat and evaluation the child. Mother influenced the child such that the child’s behavior problems escalated. Finally, the experts who evaluated the case determined that the child displayed symptoms of anxiety, developmental delay, and aggressive behavior, which could be attributed to the conflict between the parties. In reviewing the statutory factors related to custody, the Court particularly focused on which parent would be willing and able to facilitate and encourage the child’s relationship with the other parent. Upon their determination that Mother severely interfered with Father’s relationship with the child, the Court reversed the trial court’s decision and awarded sole custody to Father.

Read the case, decided on 8/11/2010. http://www.publications.ojd.state.or.us/A136958.htm

Are you seeking to modify custody? One of our experienced divorce lawyers can help!