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MARRIAGE OF O'DONNELL-LAMONT

(C98 1284 DR; CA A112960; SC S50551).

91 P.3d 721 (2004)

337 Or. 86

In the Matter of the MARRIAGE OF Rayne Elizabeth O'DONNELL-LAMONT (deceased), Petitioner, and Michael David Lamont, Jr., Respondent on Review, and Christine and Patrick O'Donnell, Petitioners on Review, and Darrell Miller, Intervenor-Respondent.

Supreme Court of Oregon.

Decided June 10, 2004.

Attorney(s) appearing for the Case

Eli D. Stutsman, Portland, argued the cause and filed the brief for petitioners on review. With him on the brief were David L. Heifetz, Jacqueline Koch, and Koch & Deering.

Philip F. Schuster II, of Dierking & Schuster, Portland, argued the cause and filed the brief for respondent on review.

F.G. (Jamie) Troy II, of Law Office of Ronnee S. Kliewer, Portland, filed the brief for amicus curiae Basic Rights Oregon, Inc. With him on the brief was Shaun Wardinsky, of Yates, Matthews & Marasch, P.C., Portland.

Darcia Krause, Portland, filed the brief for herself as amicus curiae.

Before CARSON, Chief Justice, and GILLETTE, DURHAM, RIGGS, De MUNIZ, and BALMER, Justices.

BALMER, J.

We allowed review of this child custody proceeding to consider the appropriate application of changes that the legislature made to the third-party custody statute in 2001, following the United States Supreme Court's decision in Troxel v. Granville, 530 U.S. 57, 120 S.Ct. 2054, 147 L.Ed.2d 49 (2000). The trial court awarded custody of the two children in this proceeding to maternal...

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