|CALENDAR STATUS: Active|
|John Paul Epler and Andrea Michelle Epler|
|Supreme Court Case 3|
|Richard F. Alway and Philip F. Schuster, II, on behalf of Andrea Michelle Epler|
John Paul Epler, representing self
Kimberley Sue Graunitz, representing self
Statement of Issues:
|John Paul Epler and Andrea Michelle Epler (S061818) (A148643) (appeal from Marion County Circuit Court; opinion reported at 258 Or App 464, 309 P3d 1133 (2013)).|
Petitioner Andrea Michelle Epler (mother) has been granted review of a divided en banc Court of Appeals decision that affirmed in part a trial court judgment denying mother's motion to modify the custody of her daughter. Paternal grandmother had been granted custody of daughter as part of a marital settlement agreement that had been incorporated into a stipulated dissolution judgment. The Court of Appeals decision also remanded the case to the trial court for reconsideration of mother's motion to modify the parenting plan and child support.
On review, the issues are:
(1) Can a parent's stipulated agreement placing custody of his or her children with a third party, and thereafter memorialized by a court order, afford that parent a subsequent avenue to regain custody without a showing of change of circumstances?
(2) Does the presumption described in Troxel v. Granville, 530 US 57, 68, 120 S Ct 2054, 147 L Ed 2d 49 (2000) (that fit parents act in the best interests of their children) apply to a modification proceeding in which a parent seeks to modify a stipulated dissolution judgment that awarded legal custody of his or her child to a third party?
The foregoing summary of a Supreme Court case that is scheduled for oral argument has been prepared for the benefit of the public. Parties and practitioners should rely on neither the factual summary set out above, nor the statement of issues to be decided, as delineating the questions that the Supreme Court ultimately may consider on review. See generally Oregon Rule of Appellate Procedure 9.20.
Justice(s) NOT Participating: