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Jud v. Hibbs

June 18, 1973

JUD, APPELLANT,
v.
HIBBS, RESPONDENT



Appeal from Circuit Court, Tillamook County. J. S. Bohannon, Judge. No. 15-543.

L. Guy Marshall, Portland, argued the cause for appellant. With him on the brief were Peter A. Schwabe, Jr., and Marshall & Schwabe, Portland.

No appearance for respondent.

Fort, Judge. Schwab, Chief Judge, and Thornton, Judge.

Fort

The parties were divorced in June 1971. Both have remarried. In August 1972 defendant sought a modification of the decree to transfer the custody of Bruce O. Hibbs, then age 15, now 16, to him. On November 1, 1972, the court entered its order modifying the decree by awarding the custody of Bruce to the father "effective June, 1973." It granted the plaintiff "reasonable and seasonable visitation." The plaintiff mother appeals. The father has not appeared in this court.

In its letter opinion the court stated:

"I have received the report of investigation conducted by the Juvenile Department concerning the custody of Bruce O. Hibbs. The report confirms that Bruce desires to live with his father.

"The Juvenile Department recommends that Bruce finish the present school year here and that any custody change take place at the end of the present school year which would be in June 1973.

"The recommendation is approved and an order may be taken changing custody to the father effective with the close of school in May or June 1973."

The court supplemented this:

"I do not consider it advisable to order any specified visitation in this case. This is a situation where a high school boy is asking to live with his father because he is not happy in the mother's home.

"I am not going to require the father to defray the expense of sending the boy back and forth for the purpose of visits."

The record indicates that the father at the time of the hearing on September 5, 1972, was unemployed and contemplated moving from California with his new ...


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