Arizona: Court of Appeals custody order involving Dana Nold (Appellee) and Andrew Nold (Appellant). BY: CAROL A.

Link for Opinion: www.scholar.google.com/scholar_case?case=532806214813906738&q=arizona+state+child+custody&hl=en&as_sdt=6,24&as_ylo=2013 Title: Arizona: Court of Appeals custody order involving Dana Nold (Appellee) and Andrew Nold (Appellant). Dana Nold filed for a legal separation and obtained an order of protection in July 2010. After a hearing, the order was quashed by the family court. Andrew’s response to the petition for legal separation was to have it converted to a petition for a dissolution of marriage. Once Andrew moved out of the shared family residence, the couple had equally shared physical custody of their three children alternating every other week. Once at trial, Dana had requested that Andrew have the children every other weekend during the school year and every other week during the summer. Andrew disagreed and wanted to continue their current routine of joint physical custody year-around. The custody evaluator had recommended the parenting time schedule and was adopted by the family court by allowing the children to live with Dana during the week and every other weekend during the school year. In the summer time (only), the parents would share joint physical custody. With the support of this ruling, the court stated that “no persuasive evidence established a sound reason for deviating from the parenting time schedule (the custody evaluator) suggested.” The family court had also found no evidence of any domestic violence sufficient to preclude the award of joint legal custody. The family court failed to set forth any reasons for its parenting time orders. By using the custody evaluator’s report as a baseline, the family court delegated its judicial decision to the evaluator, abdicated its responsibility to decide the best interests of the children; and therefore, abused its discretion.