Evans v. Evans

OPINION

RICHMOND, Judge.

This special action proceeding is a sequel to our decision in Evans v. Evans, 116 Ariz. 302, 569 P.2d 244 (App.1977). We are now presented with the question of the respondent court’s denial of a request for change of judge.

In Evans v. Evans, supra, an order modifying the child custody provisions of a dissolution decree was vacated and we remanded the case for further proceedings.1 In reversing the custody modification order, we held it was error to modify custody without affording both parents an opportunity to present evidence of all the circumstances which might…