Wanting and Wanting

Courts must take into consideration the statutory preference of awarding custody to a child’s primary caregiver. Nice v. Townley, 248 Or App 616, 622-623, 274 P3d 227 (2012); ORS 197.137.

Mother appeals a general judgment of dissolution resulting from an Informal Domestic Relations Trial.  Mother assigned error to the trial court’s decision to grant custody of their children to Father.  On appeal, Mother argued that the court did not take into account the statutory preference given to a primary caregiver in custody decisions.  Father failed to appear on appeal.  Courts must take into consideration the statutory preference of awarding custody to a child’s primary caregiver.  Nice v. Townley, 248 Or App 616, 622-623, 274 P3d 227 (2012); ORS 197.137.  The Court found that Mother was responsible for taking care of the children’s basic, day-to-day needs and was therefore their primary caregiver.  The Court held that Father was more involved in the children’s lives than Mother had let on, but he was not the children’s primary caregiver before dissolution proceedings began.  The Court vacated and remanded the custody award for reconsideration; otherwise affirmed.