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?


Asked on 3/01/06, 1:13 am

1 Answer from Attorneys
Rich Peters R. J. Peters & Assoc., P.C.

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.

I can explain the issues and procedures better by phone or in person. As you can imagine, there is too much to cover via e'mail. We offer free 1/2 hour consultations, in which we can discuss the matter in more detail.

Please call me directly to discuss the specifics of your case, or contact my assistant Alicia to schedule a free 1/2 hour consultation.

/s/ Rich J. Peters, Attorney

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R. J. PETERS & ASSOC., P.C.

1422 N. 2nd Street, Suite 100

Phoenix, Arizona 85004

602x254x7251

602x254x1229 (facsimile)

see our web page at www.familylawaz.com

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Answered on 3/01/06, 9:43 am


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