Nice v. Townley

How courts have described this case

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

• holding that the record did not support an implicit finding that mother had ceased to be the child’s primary caregiver where the trial court did not designate a current primary caregiver
• emphasizing that the trial court must consider the preference for the primary caregiver in an award of custody
• remanding where an implied finding that there was no primary caregiver was not supported by the record
• declining to exercise de novo review and instead vacating and remanding the trial court’s custody judgment because the trial court did not afford the statutory preference to the primary caregiver
• vacating and remanding a trial court’s custody award where “the trial court failed to properly exercise its discretion in making its custody determination under ORS 107.137 because it failed to properly consider the preference in ORS 107.137(l)(e) in favor of the primary caregiver”
• generally focusing on the child’s “recent life” in assessing which parent is the “primary caregiver”

Source: CourtListener parenthetical corpus (CC0).