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SCHROEDER v. WHITE (2021)

Court of Appeals of Oregon.2021-12-01No. A173578

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Opinion

Father appeals an order modifying the parties’ joint custody arrangement and awarding custody of the parties’ three children to mother after determining that it was in their best interest that mother have custody. He argues that we should review the evidence de novo and award custody to him: “This Courts exercise of de novo review is important to the custody ruling of the trial court because a proper weighing of the substantial evidence will likely justify reversing or modifying the trial courts ruling.” We decline that request. ORS 19.415(3)(b); ORAP 5.40(8)(c). We therefore review the courts best-interest determination for abuse of discretion. Campbell v. Tardio, 261 Or.App. 78, 83, 323 P.3d 317 (2014). Having considered the trial courts evaluation of the ORS 107.137 factors on the record presented to it, including its express credibility findings, we see no abuse of discretion.

Affirmed.

PER CURIAM