Legal Question in Family Law in Arizona
what constitutes a primary residence
I want to find out what a judge or court would consider a primary residence in a custody visitation & child support case. MY ex wife moved over 100 miles from where both of us have resided since our divorce. We have a minor child who is now almost 13 years of age, which has stayed on the city that Im in with myself. My ex wife works and stays in another city monday thru friday, and is in my city only on the weekends but she and her husband still have a house in the city that I live in. Can she still say that her primary residence is in the city she lives in two days out of the week?
1 Answer from Attorneys
Re: what constitutes a primary residence
I would expect that the Court would simply take into account that she has 2 different homes in the reality of the custody situation. One for 5 days, and one for weekends. I am not sure that the definition of one as "primary residence" would have much effect, since the reality is she is only in the child's home city on weekends.
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/s/ Rich J. Peters, Attorney
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