M. E. v. Kirk

ORS 107.137 includes several factors a court must weigh in determining custody… “sibling relationships are important and must be considered in the custody determination—whether such relationships are of the half or whole blood. [b]ut sibling relationships are not dispositive of custody—whether of the half or whole blood”.

Father is appealing a judgment awarding M.E., the mother, sole custody of their two children, child support, and spousal support. Father argues that the trial court erred when analyzing the custody factors and in calculating the financial support because the two children shared a paternal half-brother. Father claims the court erred in its judgment because there is a presumption that siblings should not be separated in a custody dispute. ORS 107.137 includes several factors a court must weigh in determining custody… “sibling relationships are important and must be considered in the custody determination—whether such relationships are of the half or whole blood. [b]ut sibling relationships are not dispositive of custody—whether of the half or whole blood”. The Court relied upon the trial court’s deference of weight to two main factors: the abuse the mother endured by the father and her role as a primary caregiver. Unless an abuse of discretion occurs, which in this case the Court did not find, the trial court judgment must be upheld because they are not in a position to “fact-find”. Therefore, the Court affirmed the dissolution judgment, finding no error in the custody or support decisions. AFFIRMED.