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Cox v. Cox

Oregon Supreme Court
Sep 20, 1967
431 P.2d 960 (Or. 1967)

Opinion

Argued September 13, 1967

Affirmed September 20, 1967

Appeal from Circuit Court, Lane County, EDWIN E. ALLEN, Judge.

Affirmed.

Roy Dwyer, Eugene, argued the cause for appellant. With him on the brief were Dwyer Kelsay, Eugene.

Hale G. Thompson, Eugene, argued the cause for respondent. On the brief were Thompson, Mumford Woodrich, Eugene.

Before SLOAN, Presiding Justice, and GOODWIN and HOLMAN, Justices.


The divorced father of two boys appeals an order denying his motion for a change of custody, which was grounded upon the mother's alleged noncooperation in the matter of visitation and other behavior alleged to be contrary to the best interests of the children.

After a day and a half of testimony that reflected little credit upon either parent, the trial court decided that the burden of proving that a change in custody would be in the best interest of the children had not been met. We agree. The only question in such a case is the best interest of the children. A motion for a change of custody is not available to vindicate wounded pride nor to punish the real or imagined social blunders of a former mate.

Affirmed.


Summaries of

Cox v. Cox

Oregon Supreme Court
Sep 20, 1967
431 P.2d 960 (Or. 1967)
Case details for

Cox v. Cox

Case Details

Full title:COX, Respondent, v. COX, Appellant

Court:Oregon Supreme Court

Date published: Sep 20, 1967

Citations

431 P.2d 960 (Or. 1967)
431 P.2d 960

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