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· 6/10/2004

In Re Marriage of O'Donnell-Lamont

Citations

  • 91 P.3d 721
  • 337 Or. 86
  • 2004 Ore. LEXIS 364

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • concluding that the grandparents proved that factor where the father lacked understanding of the children’s needs, had difficulty controlling his anger, and was unable to recognize any of his or his significant other’s deficiencies as caregivers
  • recognizing parents' interest, protected by the Due Process Clause, in making decisions concerning their children
  • observing that a majority of the Troxel Court relied upon a standard that is \undefined but less exacting\ than the strict scrutiny standard cited by Justice Thomas
  • concluding that evidence was sufficient where the trial court found that the father’s past conduct interfering with the children and grandparents’ relationship supported the conclusion that he “will do all he can do to eliminate contact between the children and the [g]randparents”
  • recognizing parents’interest, protected by the Due Process Clause, in making decisions concerning their children
  • reasoning that the statute requires that the nonparent “demonstrate that the circumstances of living with the legal parent pose a serious present risk of psychological, emotional, or physical harm to the child” (emphasis added)

Source: CourtListener parenthetical corpus (CC0).

Judges: Carson, Gillette, Durham, Riggs, De Muniz Balmer, Balmer

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.