Opinion

In Re the Marriage of Winczewski

  • 188 Or. App. 667
  • 72 P.3d 1012
  • 2003 Ore. App. LEXIS 903
Court
Court of Appeals of Oregon
Filed
Jul 16, 2003
Status
Published
On the bench
Deits, Edmonds, Landau, Haselton, Armstrong, Linder, Wollheim, Kistler, Brewer, Schuman
Cited by
6 cases
Authority
More cited than 87.7%

finding constitutional a custody and visitation statute that requires only a “preponderance of the evidence” standard for a non-parent to rebut the presumption that the legal parent acts in the best interest of the child

How later courts described this case

  • finding constitutional a custody and visitation statute that requires only a “preponderance of the evidence” standard for a non-parent to rebut the presumption that the legal parent acts in the best interest of the child
  • “[MJother’s fundamental right to parent is entitled to heightened protection and cannot be infringed absent a compelling state interest.
  • board lacked authority to “correct” erroneous post-prison supervision term embodied in judgment

Written by the judges who cited it.

The opinion

PER CURIAM

Affirmed by an equally divided court.

Deits, C. J., concurring.

Edmonds, J., dissenting.

Brewer, J., dissenting.

Schuman, J., dissenting.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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