Aguilar v. Badger

2 Citing cases

  1. In re Marriage of Johnson

    309 Or. App. 682 (Or. Ct. App. 2021)   Cited 3 times

    Because there was no evidence as to how often J gets a treat—relative to her classmates or otherwise—or how she feels when she does not get a treat, we agree with mother that the court's finding that J is suffering some harm from not getting a sucker every Friday was impermissibly speculative. See Aguilar v. Badger , 304 Or. App. 769, 770, 469 P.3d 279 (2020) (findings must be based on "inferences that reasonably may be drawn" from the evidence to be binding on appeal (emphasis added)). We agree with mother that the school-related issues found by the trial court do not rise to the level of a material and unanticipated change of circumstances allowing a change of legal custody.

  2. Ellis v. Kyker

    309 Or. App. 26 (Or. Ct. App. 2021)

    Id. at 520-21, 446 P.3d 1280 (quoting Boldt and Boldt , 344 Or. 1, 9, 176 P.3d 388, cert. den. , 555 U.S. 814, 129 S.Ct. 47, 172 L.Ed.2d 23 (2008) ). Whether an alleged change of circumstances is of the ilk that lawfully allows for a change of custody presents a question of law that we review for legal error where, as here, we do not exercise our discretion to review de novo . Aguilar v. Badger , 304 Or. App. 769, 770, 469 P.3d 279 (2020). In 2017, the trial court, acting through Judge Grensky, awarded custody of A to father.