In the Matter of the Marriage of Heuberger and Heuberger

The mother sought review of a court order which modified a custody order by changing custody of the parties’ child from the mother to the father and ordered the mother to pay child support.  The father had filed his motion to modify custody based on a change of circumstances since the time of the original award of custody:  the child’s health problems.  Because there was no evidence in the record providing a causal link between the mother’s smoking and the child’s health problems, the Court of Appeals of Oregon reversed and remanded with instructions to reinstate the award of custody to the mother.

963 P.2d 153, 158 Ore.App. 310, 1998 Ore.App. LEXIS 1331