Opinion
88C-30863; CA A71685
Argued and submitted March 16, 1992
Reversed and remanded April 22, 1992
Appeal from Circuit Court, Marion County.
Duane R. Ertsgaard, Judge.
Dora L. Lutz, Salem, argued the cause for appellant. With her on the brief were Timothy B. O'Neill and O'Neill, Evans, Swogger Cowan, Salem.
Loren W. Collins, Salem, argued the cause and filed the brief for respondent.
Before Buttler, Presiding Judge, and Rossman and De Muniz, Judges.
PER CURIAM
Reversed and remanded for proceedings not inconsistent with this opinion. No costs to either party.
In this custody modification proceeding, we conclude that the trial court appropriately terminated joint custody. See Wittke and Wittke, 85 Or. App. 623, 738 P.2d 206, rev den 304 Or. 279 (1987). When it did that, it became necessary to decide which parent should be awarded sole custody of the child, determined by the best interests of the child. Without taking evidence on that question, the court awarded sole custody to mother, and father appeals. We reverse and remand. Stevens and Stevens, 107 Or. App. 137, 141, 810 P.2d 1334, rev den 312 Or. 81 (1991).
Reversed and remanded for proceedings not inconsistent with this opinion. No costs to either party.