Henretty v. Lewis
Oregon Court of Appeals
319 Or. App. 345, 509 P.3d 701 (2022)
- Written by Tammy Boggs, JD
Facts
Katarina Henretty (the mother) (plaintiff) and Malcolm Lewis (the father) (defendant) shared a young child, J. After the parties’ relationship ended, the mother sought a child-custody determination as to J. The father admitted that the mother had been J’s primary caregiver since March 2019, when the parties moved to Oregon; in January 2020, the father left Oregon for California without J; and at the time of the custody trial in November 2020, when J was about two years old, the mother had been J’s primary caregiver for at least the past 20 months. The father, for his part, worked and supported the family financially. In evaluating J’s best interests based on the statutory factors, the trial court refused to designate a primary caregiver or afford any related preference. The court noted that the father had been doing the equally important job of providing financial support and that both parents were great. The court decided to grant sole legal and physical custody to the father due in large part to J’s emotional ties to the father’s family members in California. The mother appealed.
Rule of Law
Issue
Holding and Reasoning (Aoyagi, J.)
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