No. 2 CA-CIV 4233.

133 Ariz. 31 (1982)

648 P.2d 146

Sandra L. SIEGERT, aka Sandra L. Hromidko, Petitioner/Appellee, v. Fredrick W. SIEGERT, Respondent/Appellant.

Court of Appeals of Arizona, Division 2.

June 28, 1982.

Attorney(s) appearing for the Case

John F. Corcoran, Tucson, for petitioner/appellee.

Charles L. Weninger, Tucson, for respondent/appellant.


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...

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