Nicolau and Nicolau , 336 Or. App. 123 ( 2024 )

No. 806 November 6, 2024 123
This is a nonprecedential memorandum opinion
pursuant to ORAP 10.30 and may not be cited
except as provided in ORAP 10.30(1).
IN THE COURT OF APPEALS OF THE
STATE OF OREGON
In the Matter of
Matthew P. NICOLAU,
Petitioner-Appellant,
and
Carly J. NICOLAU,
Respondent-Respondent.
Deschutes County Circuit Court
17DR11892; A180690
A. Michael Adler, Senior Judge.
Argued and submitted September 30, 2024.
David G. Brown argued the cause for appellant. Also on
the brief was Merrill O’Sullivan, LLP.
Shayna M. Rogers argued the cause for respondent. Also
on the brief was Cosgrave Vergeer Kester LLP.
Before Aoyagi, Presiding Judge, Egan, Judge, and Joyce,
Judge.
JOYCE, J.
Affirmed.
124 Nicolau and Nicolau
JOYCE, J.
Father filed a motion to change custody from joint
custody with mother to sole custody. The trial court con-
cluded that mother having sole custody was in the children’s
best interests and entered a supplemental judgment grant-
ing mother sole custody. Father now appeals. We affirm.
We are bound by the trial court’s factual findings
that are supported by evidence in the record and review the
trial court’s best-interests determination for abuse of discre-
tion. Gothard v. Demski, 318 Or App 872, 874, 508 P3d 995
(2022). “Under that standard, we will reverse only if a trial
court’s discretionary determination is not a legally permis-
sible one.” Campbell v. Tardio, 261 Or App 78, 83, 323 P3d
317 (2014) (internal quotation marks omitted).
With the standard of review in mind, we turn to
father’s arguments on appeal. As we understand those
arguments, he does not assert that the trial court’s factual
findings are unsupported by the record. Instead, he argues
that, based on those factual findings, the trial court abused
its discretion in determining that it was in the children’s
best interests to grant mother custody. See ORS 107.137(1)
(setting forth factors that a court must consider in deter-
mining the best interests of the children). We have reviewed
the record and conclude that the trial court did not abuse its
discretion in considering the factors under ORS 107.137(1)
and in deciding that it was in the children’s best interests to
grant mother sole custody.
Affirmed.