Siegert v. Siegert

OPINION

HOWARD, Chief Judge.

The determinative issue here is whether the trial judge abused his discretion in not setting a hearing for appellant’s petition for change of custody.

A.R.S. § 25-339 states:

“A party seeking a modification of a custody order shall submit an affidavit or verified petition setting forth detailed facts supporting the requested modification and shall give notice, together with a copy of his affidavit, or verified petition to other parties to the proceeding, who may file opposing affidavits. The court shall deny the motions unless it finds that adequate cause for hearing…